Strang v. Westchester County National Bank of Peekskill
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Westchester County National Bank, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 25th day of April, 1919, upon the decision of the court rendered after a trial at the Westchester Trial Term, a jury having been discharged after motions for directed verdict.
1Opinion of the Court
Kelly, J.:
The facts in this case are stated in the opinion of Mr. Justice Rich.
Payments by the bank upon forged indorsements are at the peril of the bank, unless it can claim protection upon some principle of estoppel. This proposition conceded by the appellant is familiar to all of us. (Shipman v. Bank S. N. Y., 126 N. Y. 318.) The appellant argues that in the case at bar the check in question was paid to the person to whom the maker (the plaintiff) intended it should be paid; that she desired to pay the money for a bond secured by a mortgage upon certain specific property in Peekskill; that…
2Cases cited6 opinions
- Shipman v. Bank of New YorkNew York Court of Appeals · 1891
- N.Y. N.H.R.R. Co. v. . SchuylerNew York Court of Appeals · 1865
- Hartford v. Greenwich BankAppellate Division of the Supreme Court of the State of New York · 1913
- Jarvis v. . Manhattan Beach Co.New York Court of Appeals · 1896
- Hartford v. . the Greenwich Bank of the City of New YorkNew York Court of Appeals · 1915
1 more not listed; retrieve them via the Exa API.