Legal Opinion
Manufacturers Trust Co. v. Diamond
Appellate Terms of the Supreme Court of New York
Decided May 21, 1959PublishedCited by 16 opinions
1Per curiam
The defendant rested on the plaintiff’s case and there is no proof whatever that the defendant was prejudiced by or changed his position in any way in reliance on the plaintiff’s conduct. It is self-evident that but for a mistake the plaintiff would not have paid the check for $500 drawn on an account which had already been closed. If we assume that the defendant presented the check and received payment thereon in the belief that the balance in the maker’s account was then sufficient to meet the check, the mistake was mutual. If, however, there was no mistake at all on his part and he also is…
2Cases cited7 opinions
- N. B'k of C. in N.Y. v. . N.M. B'k A. of N.Y.New York Court of Appeals · 1873
- Rosenblum v. Manufacturers Trust Co.New York Court of Appeals · 1936
- Lawrence v. . American National BankNew York Court of Appeals · 1873
- Metropolitan Life Insurance v. Bank of United StatesNew York Court of Appeals · 1932
- Smith & McCrorken, Inc. v. Chatham Phenix National Bank & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1933
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Manufacturers Hanover Trust Co. v. Chemical BankAppellate Division of the Supreme Court of the State of New York · 1990
- Morgan Guaranty Trust Company Of New York v. American Savings And Loan AssociationCourt of Appeals for the Third Circuit · 1986
- Morgan Guaranty Trust Co. v. American Savings & Loan Ass'nCourt of Appeals for the Ninth Circuit · 1986
- National Bank of Canada v. Artex Industries, Inc.District Court, S.D. New York · 1986
- Bank Leumi Trust Co. v. Bally's Park Place, Inc.District Court, S.D. New York · 1981
11 more not listed; retrieve them via the Exa API.