Bacal v. National City Bank
City of New York Municipal Court
1Opinion of the CourtEder, J.
The plaintiff, a depositor in the defendant bank, drew his check to the order of cash. As the name of the payee is not that of any person, the instrument "was payable to bearer. (Neg. Inst. Law, § 28.) An instrument payable to bearer may be negotiated by delivery (Neg. Inst. Law, § 60) and an instrument is negotiable when it is transferred from one person to another in such a manner as to constitute the transferee the holder thereof. (§ 60, supra.)
This check was deposited by plaintiff in a United States mail box, addressed and stamped to one John Bacal, but it was never delivered to him,…
2Cases cited6 opinions
- Shipman v. Bank of New YorkNew York Court of Appeals · 1891
- Muller v. . PondirNew York Court of Appeals · 1873
- Wolfin v. Security BankAppellate Division of the Supreme Court of the State of New York · 1915
- Bainbridge v. HoesAppellate Division of the Supreme Court of the State of New York · 1914
- Wolfin v. . the Security Bank of New YorkNew York Court of Appeals · 1916
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Corporacion Venezolana De Fomento v. Vintero Sales Corp.District Court, S.D. New York · 1978
- Midfirst Bank v. C.W. Haynes & Co. a South Carolina Corp.District Court, D. South Carolina · 1994
- State of the Netherlands v. Federal Reserve Bank of New YorkDistrict Court, S.D. New York · 1951