Legal Opinion

Garden Check Cashing Service, Inc. v. First National City Bank

Civil Court of the City of New York

Decided February 13, 1963PublishedCited by 3 opinions

1Opinion of the CourtMaurice Wahl, J.

This case, one of first impression, presents a novel and apparently unprecedented factual situation, albeit governed by well-established legal and statutory provisions, which are determinative of this cause.

A person named Higgins, on or about April 13,1962, deposited $130.37 with the defendant bank. In exchange therefor, for a small charge, defendant bank issued what it calls a “ Personal Money Order” or “ Register Check.” It is completely blank, save for the above legend, the name of the bank, the number of the instrument. It permits the purchaser thereof to use it, by inserting the date,…

2Cases cited3 opinions

  1. Attorney-General v. Continental Life InsuranceNew York Court of Appeals · 1877
  2. Ledwich v. . McKimNew York Court of Appeals · 1873
  3. Linick v. A. J. Nutting & Co.Appellate Division of the Supreme Court of the State of New York · 1910

3Cited by3 opinions

  1. Rose Check Cashing Service, Inc. v. Chemical Bank New York Trust Co.Appellate Terms of the Supreme Court of New York · 1964
  2. Rose Check Cashing Service, Inc. v. Chemical Bank New York Trust Co.Civil Court of the City of New York · 1963
  3. Garden Check Cashing Service, Inc. v. Chase Manhattan BankCivil Court of the City of New York · 1965

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