Legal Opinion
Employers Insurance v. Chemical Bank
Civil Court of the City of New York
Decided January 26, 1983PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Edward H. Lehner, J.
The interesting issue to be resolved herein, on which there is surprisingly no appellate authority in this State and division in the few cases decided elsewhere, is where to place the loss in a situation where money is placed in a bank’s night depository and inexplicably not found by the bank.
FACTS
This is an action to recover $11,084.50 which plaintiffs claim is the loss sustained when a deposit made by Sun-crest Pharmacal Corp. (Suncrest) in a night deposit vault of the defendant was not credited to its account.
The testimony of Mr. Weinraub, president…
2Cases cited9 opinions
- I.C.C. Metals, Inc. v. Municipal Warehouse Co.New York Court of Appeals · 1980
- Howard v. Handler Bros. & Winell, Inc.Appellate Division of the Supreme Court of the State of New York · 1951
- Howard v. Handler Bros. & Winell, Inc.New York Court of Appeals · 1952
- Ellish v. Airport Parking Co. of America, Inc.Appellate Division of the Supreme Court of the State of New York · 1973
- Motors Insurance v. American Garages, Inc.Appellate Terms of the Supreme Court of New York · 1979
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Morgan Stanley & Co. v. JP Morgan Chase Bank, N.A.District Court, S.D. New York · 2009
- Porter v. Citibank, N. A.Civil Court of the City of New York · 1984
- Printree, Ltd. v. Tribute Knits, Inc. (In re Printree, Ltd.)District Court, S.D. New York · 1984
- Smith v. Merrill Lynch & Co.Appellate Division of the Supreme Court of the State of New York · 2010