Frank v. . Chemical Nat'l Bank of N.Y.
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Rew York, entered upon an order made the first Monday of Rovember, 1879, affirming a judgment in favor of plaintiffs, entered upon the report of a referee. (Reported below, 13 J. & S. 452.) This action was brought by plaintiffs who composed the firm of Frank & Hirsh, to recover a balance alleged to be due upon their deposit account with defendant. The facts appear sufficiently in the opinion.
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Appeal from judgment of the General Term of the Superior Court of the city of Rew York, entered upon an order made the first Monday of Rovember, 1879, affirming a judgment in favor of plaintiffs, entered upon the report of a referee. (Reported below, 13 J. & S. 452.) This action was brought by plaintiffs who composed the firm of Frank & Hirsh, to recover a balance alleged to be due upon their deposit account with defendant. The facts appear sufficiently in the opinion. If it be assumed that a depositor in a bank owes no duty to the bank which requires him to examine his pass-book or vouchers…
1Opinion of the CourtAndrews, J.
The plaintiffs’ firm were depositors 'with the defendant, and between the 13th of July, 1869, and the 26th of September, 1870, their deposits, together with the balance to their credit at’ the former date, amounted to $335,597.67, and during the same period the defendant paid out upon their checks $323,914.01. The defendant has since paid the plaintiffs $3,502.08, leaving a balance of $8,181.58 remaining due from the defendant, unless the plaintiffs are chargeable with thirty-seven forged checks, purporting to have been drawn by them at various dates between July 13, 1869, and September 26,…
2Cases cited1 opinion
- Weisser v. . DenisonNew York Court of Appeals · 1854
3Cited by36 opinions
- Leather Manufacturers' Bank v. MorganSupreme Court of the United States · 1886
- Critten v. Chemical National BankNew York Court of Appeals · 1902
- Los Angeles Investment Co. v. Home Savings Bank of Los AngelesCalifornia Supreme Court · 1919
- Merchants' National Bank v. Nichols & Shepard Co.Illinois Supreme Court · 1906
- Morgan v. United States Mortgage & Trust Co.New York Court of Appeals · 1913
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