Legal Opinion

Commercial Trading Co. v. Trade Bank & Trust Co.

Appellate Division of the Supreme Court of the State of New York

Decided November 29, 1955PublishedCited by 9 opinions

1Opinion of the Court

Breitel, J. P.

This is an action on three checks by the drawer against the drawee bank, for payments made on the checks and charged to the drawer’s account. The drawer contends that the payments and charges were improperly made because the named payee, a corporation, never properly indorsed the checks, and the proceeds were diverted by an officer of the payee.

*724After a nonjury trial, judgment was rendered in favor of the plaintiff drawer. Defendant, the drawee bank, appeals. The third-party defendant, an intermediate collecting bank impleaded by the drawee bank, in turn appeals from the judgment…

2Cases cited9 opinions

  1. Shipman v. Bank of New YorkNew York Court of Appeals · 1891
  2. Wagner Trading Co. v. Battery Park National BankNew York Court of Appeals · 1920
  3. Reif v. Equitable Life Assurance Society of United StatesNew York Court of Appeals · 1935
  4. Munn v. BoasbergNew York Court of Appeals · 1944
  5. Kinstlinger v. Manufacturers Trust Co.Appellate Division of the Supreme Court of the State of New York · 1952

4 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Gotham-Vladimir Advertising, Inc. v. First National City BankAppellate Division of the Supreme Court of the State of New York · 1967
  2. Jett v. Lewis State BankDistrict Court of Appeal of Florida · 1973
  3. Feldman v. Capitol Piece Dye Works, Inc.District Court, S.D. New York · 1960
  4. Brokerage Data Processing Corp. v. Eastchester Savings BankAppellate Division of the Supreme Court of the State of New York · 1972
  5. Feldman v. Capitol Piece Dye Works, Inc.Court of Appeals for the Second Circuit · 1961

4 more not listed; retrieve them via the Exa API.

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