Schneider v. Irving Bank
New York Court of Common Pleas
Appeal by the defendant from s judgment of the Eighth District Court. The fiicts are fully staled in the opinion of the Court,
1Opinion of the Court
By the Court.
Cardozo, J.
On the llth of July, 1863, the plaintiffs, who kept an account with the defendant, drew a check upon it for two hundred and sixteen dollars and seventy-one cents, and • delivered it to the Central Express Company. About ten minutes after the check was issued one of the plaintiffs gave notice to the defendant that they, the plaintiffs, had a defence to it, and the Bank must not pay it. The teller, upon receiving the notice, stated that the check had not yet been presented, and promised not to pay it. Notwithstanding this notice and promise, the defendant did pay the…
2Cited by4 opinions
- Smith & McCrorken, Inc. v. Chatham Phenix National Bank & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1933
- Egerton v. Fulton National BankThe Superior Court of New York City · 1872
- Bradley Fertilizer Co. v. LathropCity of New York Municipal Court · 1886
- K. & K. Silk Trimming Co. v. Garfield National BankAppellate Terms of the Supreme Court of New York · 1923