Legal Opinion
Berler v. Barclays Bank of New York
Appellate Division of the Supreme Court of the State of New York
Decided August 20, 1981PublishedCited by 6 opinions
1Opinion of the Court
OPINION OF THE COURT
Fein, J.
The question is which of these parties, victims of a confidence game, should bear the loss. On June 5,1980 a woman purporting to be Diane Antoniello purchased three per*438sonal money orders at defendant bank in the amounts of $200, $250 and $250, with the payee lines left blank. The purchaser had no account at defendant bank. One week later she returned to the bank and filled out “lost personal money order affidavits” requesting stoppage of payment on each of the orders, asserting that she had made them payable to “J. C. Penny’s” but had inadvertently thrown them…
2Cases cited4 opinions
- Garden Check Cashing Service, Inc. v. First National City BankAppellate Division of the Supreme Court of the State of New York · 1966
- Garden Check Cashing Service, Inc. v. First National City BankNew York Court of Appeals · 1966
- American Defense Society, Inc. v. Sherman National BankNew York Court of Appeals · 1919
- Krom v. Chemical Bank New York Trust Co.Appellate Division of the Supreme Court of the State of New York · 1972
3Cited by6 opinions
- Sony Corp. of America v. American Express Co.Civil Court of the City of New York · 1982
- Adam International Trading Ltd. v. Manufacturers Hanover Trust Co.Appellate Division of the Supreme Court of the State of New York · 1989
- Lawyers' Fund for Client Protection v. Bank Leumi Trust Co.Appellate Division of the Supreme Court of the State of New York · 1998
- Melco Products Corp. v. Public Relations Enterprises, Inc.New York Supreme Court · 1983
- United Apparel Distributors, Inc. v. Chase Manhattan Bank, N.A.District Court, S.D. New York · 1982
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