Duncan v. Berlin
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of defendants entered upon a verdict, and affirming an order denying, a motion for a new trial. This action was brought to recover back $1,000, alleged to have been paid by plaintiffs by mistake.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of defendants entered upon a verdict, and affirming an order denying, a motion for a new trial. This action was brought to recover back $1,000, alleged to have been paid by plaintiffs by mistake. The complaint alleged, in substance, that an attachment was issued, in favor of defendants, against the members of the firm of H. Blagge & Co., which was duly levied upon a balance of a deposit account in the hands of plaintiffs, as bankers. That in making up the account, by a mistake…
1Opinion of the Court
Church, Ch. J.
We think that the plaintiffs were not entitled to deduct the check of $1,500, to Leary, from the balance due Blagge & Co. A check upon a bank does not operate as an assignment of the money deposited, specified in it. This has been repeatedly decided in this court. (3 Coms., 93; 2 Seld., 412.) A check is said to be a bill of exchange payable on demand. The drawee owes no duty to the holder until the check is presented and accepted. (Id.) The statement of the clerk to the holder, that the check was in order and would be paid before the attachment was served, is of no avail. A…
2Cited by2 opinions
- Butterworth v. O'BrienNew York Court of Appeals · 1861
- Strong v. New York Laundry Manufacturing Co.The Superior Court of New York City · 1874