Geering v. Metropolitan Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Metropolitan Bank, from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 12th day of May, 1915, affirming a, judgment of the City Court of the City of New York in favor of the plaintiff, entered upon a directed verdict, and also affirming the order of said court denying defendant’s motion for a new trial made upon the minutes.
Read the full summary
Appeal by the defendant, Metropolitan Bank, from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 12th day of May, 1915, affirming a, judgment of the City Court of the City of New York in favor of the plaintiff, entered upon a directed verdict, and also affirming the order of said court denying defendant’s motion for a new trial made upon the minutes. An appeal is also taken from the original judgment of the City Court of the City of New York, entered in the office of the clerk of said court on the 15th day of December,…
1Dissent
Ingraham, P. J. (dissenting):
I dissent from the reversal of this judgment, on the ground that the defendant was never in a position to chargeback these checks against the plaintiff’s account, as it had not the checks in its possession and could not deliver them to or return them to the plaintiff. As stated in the prevailing opinion, the defendant undoubtedly could have charged back the checks to the plaintiff’s account if the checks had been forged so that the plaintiff never had title to the checks. But as a condition for justifying such a charge, the defendant is bound to return the forged…
2Cases cited3 opinions
- Redington v. WoodsCalifornia Supreme Court · 1873
- Kearny v. Metropolitan Trust Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Continental National Bank v. Metropolitan National BankAppellate Court of Illinois · 1903