Corn Exchange Bank v. . Nassau Bank
New York Court of Appeals
Appeal from, judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made October 28, 1881, which affirmed a judgment in favor of plaintiff, entered upon a verdict. It appears from the complaint that on the 9th of November, 1874, Messrs.
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Appeal from, judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made October 28, 1881, which affirmed a judgment in favor of plaintiff, entered upon a verdict. It appears from the complaint that on the 9th of November, 1874, Messrs. Kunhardt & Co. were depositors with the plaintiff, and on that day made their check upon it, payable to the order of William Ives and John Waters, for the sum of $19,000. On the next day it was presented, and then, purporting to be indorsed by the payees, was paid to the defendant and charged to the drawer’s…
1Opinion of the CourtDaneorth, J.
The general question involved is answered by a series of decisions by this court in favor of the respondent. There is no imputation on the defendant with regard to the way in which it took the check of Earnhardt & Co., or the use made of it, but the plaintiff was thereby induced to part with its money without consideration, and the defendant, who received it, is bound to make restitution, unless the plaintiff, by some act or omission of its own, has lost the right to. demand or sue for it. ( White v. Continental Nat. Bank, 64 N. Y. 316 ; and cases there cited by Allen, J., 21 Am. Rep. 612.)
The…
2Cases cited15 opinions
- Barnard v. KelloggSupreme Court of the United States · 1871
- Graves v. . the American Exchange BankNew York Court of Appeals · 1858
- Weisser v. . DenisonNew York Court of Appeals · 1854
- Elwood v. DeifendorfNew York Supreme Court · 1848
- Welsh v. . German American BankNew York Court of Appeals · 1878
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3Cited by39 opinions
- Gravenhorst v. . ZimmermanNew York Court of Appeals · 1923
- Leather Manufacturers' Bank v. Merchants' BankSupreme Court of the United States · 1888
- Clark v. AllamanSupreme Court of Kansas · 1905
- Federal Insurance v. Groveland State BankNew York Court of Appeals · 1975
- German Savings Bank v. Citizens National BankSupreme Court of Iowa · 1897
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