Linick v. A. J. Nutting & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Louis Linick, from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, in favor of the defendant, rendered on the 14th day of December, 1909, dismissing the plaintiff’s complaint.
1Opinion of the Court
Burr, J.:
On July 20, 1909, plaintiff signed his name to a blank check. Thereafter David Ryckoff and Benjamin Silberman stole the check, filled in the name of F. A. Mann as payee and the sum of $147.87 as the amount thereof, and presented it to the State Bank, where plaintiff kept his account, and procured it to be certified. Thereafter they indorsed said check with the name of F. A. Mann and passed it to defendant for value, who collected the amount thereof from the said bank. Plaintiff, having taken up said check from the bank now sues defendant as for money had and received for the amount…
2Cases cited5 opinions
- Critten v. Chemical National BankNew York Court of Appeals · 1902
- Burson v. HuntingtonMichigan Supreme Court · 1870
- Van Duzer v. . HoweNew York Court of Appeals · 1860
- Ledwich v. . McKimNew York Court of Appeals · 1873
- National Exchange Bank v. LesterNew York Court of Appeals · 1909
3Cited by12 opinions
- Hancock v. Empire Cotton Oil Co.Court of Appeals of Georgia · 1915
- Atlanta National Bank v. BatemanCourt of Appeals of Georgia · 1918
- American Express Co. v. City Nat. Bank of GalvestonCourt of Appeals of Texas · 1928
- Budget Corp. of America v. DeFeliceNew Jersey Superior Court Appellate Division · 1957
- Garden Check Cashing Service, Inc. v. First National City BankCivil Court of the City of New York · 1963
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