Legal Opinion
United States Trust Co. v. McSweeney
Appellate Division of the Supreme Court of the State of New York
Decided December 30, 1982PublishedCited by 8 opinions
1Opinion of the Court
OPINION OF THE COURT
Lynch, J.
In September, 1976 the defendants Edward and Christine McSweeney, husband and wife, opened a joint checking account with the plaintiff bank. Overdrafts commenced almost immediately which the plaintiff regularly honored. Eventually Edward gave two notes, totaling $181,000, to the plaintiff to cover not only some loans by the bank to him but also the overdrafts in the account up to April, 1978. The negative balance of the account was thus cleared to that point in time. From then until July, 1978, when activity in the account ceased, 195 checks totaling $99,063.74…
2Cases cited5 opinions
- General Stencils, Inc. v. ChiappaNew York Court of Appeals · 1966
- Bremen Bank & Trust Co. v. BogdanMissouri Court of Appeals · 1973
- Payne v. . FreerNew York Court of Appeals · 1883
- Chemical Bank v. Nattin Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 1978
- MEADOW BROOK NAT'L BANK OF FREEPORT v. FerkinNew York Court of Appeals · 1952
3Cited by8 opinions
- National Bank of Andover v. Kansas Bankers Surety Co.Supreme Court of Kansas · 2010
- Williams v. Cullen Center Bank & TrustTexas Supreme Court · 1985
- Tony's Tortilla Factory, Inc. v. First Bank, Texas Court of Appeals, 1st District (Houston)1993
- Streng Oldsmobile, Inc. v. Fleet BankAppellate Division of the Supreme Court of the State of New York · 1997
- Hill v. Mercantile First National Bank of DoniphanMissouri Court of Appeals · 1985
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