Shattuck v. Guardian Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Edwin P. Shattuck, as'receiver, etc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 22d day of March, 1911, upon the decision of the court rendered after a trial at the New York Trial Term (both parties having moved for a direction of a verdict) for sixty-nine dollars and four cents, being the amount for which an offer of judgment had been made.
1Concurrence
McLaughlin,'J.
(concurring):
I concur in the opinion of Mr. Justice Clarke, except in so far as he holds (1) that a defense under section 326 of the ■ Negotiable Instruments Law is not pleaded, and (2) in the construction which he puts upon such section.
*748This section provides that “No hank shall he liable, to a depositor for the payment by it of a forged or raised check unless within, one year after the return to the depositor of the voucher of such payment such dépositor shall notify the hank that the check so paid was forged or raised.” (Gen. Laws, chap. 50 [Laws of 1897, chap. 612], § .326,…
2Cases cited4 opinions
- McHarg v. EastmanThe Superior Court of New York City · 1867
- Schradin v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1908
- Smith v. MerwinNew York Supreme Court · 1836
- O'Brien v. KursheedtNew York Supreme Court · 1894