Smith & McCrorken, Inc. v. Chatham Phenix National Bank & Trust Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtO’Malley, J.
We are concerned with the appeal of the defendant Chatham Phenix National Bank and Trust Company only as against the impleaded defendants Smith and Rothman. Its appeal as against plaintiff was dismissed on May 31, 1933.
Plaintiff’s judgment against the appellant bank and trust company is predicated upon the latter’s negligence in paying the proceeds of a check to the payee named therein, after the plaintiff had duly notified the defendant to stop payment. The defendant pleaded a cross-claim against the defendant Blanche M. Smith, the payee of the check, and the defendant Jacob Rothman, her…
2Cases cited6 opinions
- White v. . Continental National BankNew York Court of Appeals · 1876
- Bank of Commerce v. . Union BankNew York Court of Appeals · 1850
- Chrzanowska v. Corn Exchange BankAppellate Division of the Supreme Court of the State of New York · 1916
- Chrzanowska v. . the Corn Exchange BankNew York Court of Appeals · 1919
- Nat'l Loan & Exchange Bank v. LachovitzSupreme Court of South Carolina · 1925
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3Cited by7 opinions
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- National Boulevard Bank of Chicago v. SchwartzDistrict Court, S.D. New York · 1959
- Freistat v. Industrial Bank of CommerceAppellate Terms of the Supreme Court of New York · 1958
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