Timbel v. Garfield National Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Garfield National Bank, from a judgment of tho Supreme Court in favor-of the plaintiff, entered in - the office of the clerk of the county of New York on the ,31st day of October, 1906, upon the verdict of a jury rendered by direction of the court after a trial at the New York Trial Term, and also from, an order entered in'.said clerk’s office on the 9th day of November, 1906, denying the defendant’s motion for a new trial . made upon the…
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Appeal by the defendant, the Garfield National Bank, from a judgment of tho Supreme Court in favor-of the plaintiff, entered in - the office of the clerk of the county of New York on the ,31st day of October, 1906, upon the verdict of a jury rendered by direction of the court after a trial at the New York Trial Term, and also from, an order entered in'.said clerk’s office on the 9th day of November, 1906, denying the defendant’s motion for a new trial . made upon the minutes. ■ -
1Opinion of the Court
Houghton, J.:
The plaintiff, introduced by her husband, who was- a customer of defendant, on the 23d day of June, 1903, deposited in the defend ant’s bank the sum of $5,000..' On the seventeenth day of July following the husband presented a check of plaintiff, the body of which was all in his handwriting, payable to his Own order, for $4,900, which amount was paid to him thereon. The plaintiff admits that the signature to the check was that of herself, but asserts that the-check was drawn for only $900, and that it had been altered and that the defendant wrongfully paid the full amount and…
2Cases cited3 opinions
- Greenfield Savings Bank v. StowellMassachusetts Supreme Judicial Court · 1877
- Crawford v. . West Side BankNew York Court of Appeals · 1885
- Harvey v. SmithIllinois Supreme Court · 1870
3Cited by6 opinions
- Foutch v. Alexandria Bank & Trust Co.Tennessee Supreme Court · 1941
- Maurmair v. National Bank of Commerce of TulsaSupreme Court of Oklahoma · 1917
- Reiter v. Western State BankSupreme Court of Minnesota · 1953
- Trust Co. of America v. ConklinAppellate Terms of the Supreme Court of New York · 1909
- Concordia Lutheran Evangelical Church v. United States Casualty Co.District of Columbia Court of Appeals · 1955
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