Sherman v. Corn Exchange Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Gardiner Sherman, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 10th day of June, 1903, upon the report of a referee. -
1Opinion of the Court
McLaughlin, J. :
This action was brought to recover a sum of money alleged to have been deposited by the plaintiff in the. defendant bank. The defendant pleaded payment, and at the trial, to sustain its plea, produced a check for the amount sought to be recovered, which was conceded to have been drawn upon it by the plaintiff.
The real issue tried was whether the indorsement of the name of the payee was genuine, and as bearing upon this issue it appeared that the plaintiff, by reason of an advertisement in one of the New York newspapers, announcing that certain horses and carriages were for…
2Cases cited3 opinions
- Robertson v. ColemanMassachusetts Supreme Judicial Court · 1886
- Emporia National Bank v. ShotwellSupreme Court of Kansas · 1886
- First National Bank v. American Exchange National BankNew York Court of Appeals · 1902
3Cited by15 opinions
- International Aircraft Trading Co. v. Manufacturers Trust Co.New York Court of Appeals · 1948
- Hartford v. Greenwich BankAppellate Division of the Supreme Court of the State of New York · 1913
- Halsey v. Bank of New York & Trust Co.New York Court of Appeals · 1936
- Inter. Air. Trad. v. Manufacturers Tr.New York Court of Appeals · 1948
- Mercantile National Bank v. SilvermanAppellate Division of the Supreme Court of the State of New York · 1911
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