Legal Opinion · Dissent

International Firearms Co. v. Kingston Trust Co.

Appellate Division of the Supreme Court of the State of New York

Decided July 3, 1958Published

1Dissent

Coon, J. (dissenting).

I vote to reverse and to grant judgment to the plaintiff for the sum of $1,000, with interest from the date of the dishonor of the draft.

The facts are succinctly set forth in the majority opinion but, in my view, need some additions. It is undisputed that the draft was unconditional. The defendant bank was no party to the controversy between Betting and plaintiff’s predecessor. While I think that this controversy is immaterial and that the *175bank’s liability is defined by section 111 of the Negotiable Instruments Law, in view of the majority opinion I must refer to some…

2Cases cited3 opinions

  1. Kerr Steamship Co. v. Chartered Bank of India, Australia & ChinaNew York Court of Appeals · 1944
  2. Kohler v. First National Bank of TonasketWashington Supreme Court · 1930
  3. Schweitzer v. FargoNew York Court of Appeals · 1930

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