Legal Opinion

Dziurak v. Chase Manhattan Bank

Appellate Division of the Supreme Court of the State of New York

Decided June 20, 1977PublishedCited by 14 opinions

1Opinion of the Court

Cohalan, J. P.

The sole question on this appeal is whether a bank depositor to whom an "official bank check” has been issued (and by him indorsed to the order of a third party), can legally stop payment thereon, in the absence of a court order or an indemnification bond. An official bank check is com*104monly referred to as a "cashier’s check”. Trial Term held it could be stopped. We disagree.

A recitation of the facts is necessary to place the problem in proper focus.

The plaintiff currently holds a judgment against the defendant Chase Manhattan Bank (Bank) in the amount of $17,000, plus interest…

2Cases cited11 opinions

  1. National Safe Deposit, Sav. & Trust Co. of DC v. HibbsSupreme Court of the United States · 1913
  2. Wertz v. Richardson Heights Bank and TrustTexas Supreme Court · 1973
  3. Goshen National Bank v. StateNew York Court of Appeals · 1894
  4. Bunge Corp. v. Manufacturers Hanover Trust Co.New York Court of Appeals · 1972
  5. Kaufman v. Chase Manhattan Bank, National Ass'nDistrict Court, S.D. New York · 1973

6 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Morgan Guaranty Trust Company Of New York v. American Savings And Loan AssociationCourt of Appeals for the Third Circuit · 1986
  2. Dalessio v. KresslerAppellate Division of the Supreme Court of the State of New York · 2004
  3. Fender v. PrescottAppellate Division of the Supreme Court of the State of New York · 1984
  4. Morgan Guaranty Trust Co. v. American Savings & Loan Ass'nCourt of Appeals for the Ninth Circuit · 1986
  5. Santos v. First Nat'l State Bk. of NJNew Jersey Superior Court Appellate Division · 1982

9 more not listed; retrieve them via the Exa API.

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