Laue v. Nuffer
City of New York Municipal Court
On March 29, 1886, the defendants gave to the plaintiff a certified check on the Germania Bank of Hew York, for $418.70, payable to the order of the estate of John Brennan. There being a dispute as to whether the $418.70 satisfied the entire demand of the estate against the defendant, the counsel for ■the estate concluded to hold the check, and did not deposit it.
Read the full summary
On March 29, 1886, the defendants gave to the plaintiff a certified check on the Germania Bank of Hew York, for $418.70, payable to the order of the estate of John Brennan. There being a dispute as to whether the $418.70 satisfied the entire demand of the estate against the defendant, the counsel for ■the estate concluded to hold the check, and did not deposit it. Search was made for the check about September, 1888, and the counsel found that it had disappeared, and notified the defendants of the loss. They in turn immediately notified the Germania Bank, but that institution had in the mean…
1Opinion of the CourtMcAdam, C. J.
The plaintiff, having accepted from the defendants their •check certified by the Germania Bank, in legal effect accepted a certificate of *422deposit for $418.70. The certification being on when the plaintiff accepted the check, the result must be the same as if the plaintiff had procured the certification, because the effect in either case is substantially alike. By accepting the certified check the defendants were discharged from liability as drawers, and the bank becomes the plaintiff’s primary and principal debtor. Bank v. Leach, 52 N. Y. 350; Smith v. Miller, 43 N. Y. 174; Meads v. Bank, 25…
2Cases cited8 opinions
- Merchants' Bank v. State BankSupreme Court of the United States · 1871
- The People v. . Bank of North AmericaNew York Court of Appeals · 1879
- Smith v. . MillerNew York Court of Appeals · 1870
- First Nat. Bank of Jersey City v. . LeachNew York Court of Appeals · 1873
- Thomson v. . Bank of British North AmericaNew York Court of Appeals · 1880
3 more not listed; retrieve them via the Exa API.