Legal Opinion
United States Mortgage & Trust Co. v. Liberty National Bank
New York Supreme Court
Decided May 15, 1920PublishedCited by 4 opinions
Action to recover amount" paid on certain checks.
1Opinion of the CourtFord, J.
The plaintiff bank paid to the defendant bank certain checks upon which the names of various payees were forged. An employee of the drawer had come into possession of the checks, perpetrated the forgeries and transferred them to a third party who deposited them to his personal account in the defendant- bank, which collected them from the plaintiff, the drawee bank.
The complaint states a good cause of action for the recovery of the amount so paid.
Negligence on the part of the drawer of the checks is set up as a separate defense to which a demurrer has been interposed and the recent case of…
2Cases cited2 opinions
- Prudential Insurance Co. of America v. Natl. Bank of CommerceNew York Court of Appeals · 1920
- Prudential Insurance of America v. National Bank of CommerceAppellate Division of the Supreme Court of the State of New York · 1917
3Cited by4 opinions
- American Exchange National Bank v. Yorkville BankNew York Supreme Court · 1924
- Security Sav. Bank of Covington v. First National Bank of Michigan CityCourt of Appeals for the Sixth Circuit · 1939
- National Surety Corp. v. Federal Reserve BankNew York Supreme Court · 1936
- Manufacturers Trust Co. v. Harriman National Bank Trust Co.New York Supreme Court · 1932