Legal Opinion

Poess v. Twelfth Ward Bank

Appellate Terms of the Supreme Court of New York

Decided February 15, 1904PublishedCited by 6 opinions

Appeal by the defendant from a judgment entered in the office of the clerk of the Municipal Court of the city of Hew York, eleventh district, borough of Manhattan, on October 16, 1903, in favor of the plaintiff, for the sum of $534.31.

1Opinion of the CourtGilbersleeve, J.

The action is brought to recover the sum of $500, which plaintiff had on deposit with the defendant.

On or about April 29, 1903, he drew a check upon the defendant bank for the sum of $500, payable to his own order, and caused the same to be certified by the bank. The plaintiff did not use the check until on or about July twenty-ninth, when he took the check out of his safe, where he had kept it, indorsed it in blank and made out a slip for redepositing it in the bank. He then put the bank-book with the check and the slip of deposit in his pocket and went to the bank, but when he arrived at…

2Cases cited3 opinions

  1. First Nat. Bank of Jersey City v. . LeachNew York Court of Appeals · 1873
  2. Shipley v. CarrollIllinois Supreme Court · 1867
  3. Nassau Bank v. Broadway BankNew York Supreme Court · 1869

3Cited by6 opinions

  1. Angus v. DownsWashington Supreme Court · 1915
  2. Farmers State Bank v. KofflerNorth Dakota Supreme Court · 1930
  3. Emerson v. American Exp. Co.District of Columbia Court of Appeals · 1952
  4. Keleher v. Manufacturers Trust Co.City of New York Municipal Court · 1932
  5. Schaeffer v. MarshAppellate Terms of the Supreme Court of New York · 1915

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