Security Bank v. National Bank of the Republic
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of New York, affirming a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover, as for money paid by mistake, the amount paid by plaintiff to defendant upon a check which had been altered and raised after issue. The cheek was drawn upon plaintiff by H. J. Cipperly & Go., to the order of J, Cox, for twenty-four dollars and sixteen cents.
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Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of New York, affirming a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover, as for money paid by mistake, the amount paid by plaintiff to defendant upon a check which had been altered and raised after issue. The cheek was drawn upon plaintiff by H. J. Cipperly & Go., to the order of J, Cox, for twenty-four dollars and sixteen cents. The check was altered by erasing the amount, the date and the name of the payee. The .amount was raised to $4,222.75, and the name…
1Opinion of the CourtAndrews, J.
In the Marine National Bank v. The National City Bank (59 N. Y., 61), it was decided that a bank by certifying a check in the usual form simply affirms the genuineness of the signature of the drawer, and that he has funds sufficient to meet it, and engages that they will not be withdrawn to the prejudice of the holder of the check, but does not warrant the genuineness of the body of the check.
Accordingly it was held that the plaintiff’s bank which had certified and afterwards paid to the defendant’s bank a forged check, altered before certification by raising the amount and changing the date…
2Cases cited3 opinions
- Harker v. AndersonNew York Supreme Court · 1839
- Higgins v. . MooreNew York Court of Appeals · 1866
- Bank of Commerce v. . Union BankNew York Court of Appeals · 1850
3Cited by9 opinions
- Corn Exchange Bank v. . Nassau BankNew York Court of Appeals · 1883
- Clews v. Bank of New York National Banking Ass'nNew York Court of Appeals · 1882
- Metropolitan National Bank v. Merchants' National BankIllinois Supreme Court · 1899
- Parke v. RoserIndiana Supreme Court · 1879
- Wells Fargo Bank & Union Trust Co. v. Bank of ItalyCalifornia Supreme Court · 1931
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