Legal Opinion
Davis Auction House, Inc. v. Ontario National Bank
Appellate Division of the Supreme Court of the State of New York
Decided February 4, 1994No. Appeal No. 1PublishedCited by 3 opinions
1Opinion of the Court
Judgment unanimously reversed on the law without costs and complaint dismissed. Memorandum: Plaintiff Davis Auction House, Inc., the drawer of a check for $13,000 on its account with defendant, Ontario National Bank (ONB), commenced this action to hold ONB liable for negligence in paying the check despite the fact that it had been altered. Fourth-party defendant, Art Investment Corporation (AIC), the payee, had altered the date on the check from “2/28/89” to "2/28/1990” before depositing it at third-party defendant, The Bank of New York (BNY). BNY credited the account of AIC and forwarded the…
2Cases cited12 opinions
- Hutcheson v. HerronAppellate Court of Illinois · 1970
- Placido v. Citizens Bank & Trust Co.Court of Special Appeals of Maryland · 1977
- Kosic v. Marine Midland BankAppellate Division of the Supreme Court of the State of New York · 1980
- Kosic v. Marine Midland BankNew York Court of Appeals · 1981
- Amsterdam Urban Renewal Agency v. McGrattanNew York Court of Appeals · 1983
7 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- National Union Fire Insurance v. ArioliDistrict Court, E.D. Michigan · 1996
- NAB Asset Venture III L.P. v. Stanley Simon Diamonds, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
- Davis Auction House, Inc. v. Ontario National BankAppellate Division of the Supreme Court of the State of New York · 1994