Oliner v. Goldenberg
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Herman Gronich and another, from an order and determination of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on or about the 26th day of April, 1915, reversing a judgment of the City Court of the City of New York in favor of the appellants and granting a new trial.
1Opinion of the Court
Ingraham, P. J.:
The check in question was a negotiable instrument, issued by the bankers payable to the order of Goldenberg. It represented money stolen by Goldenberg from his employers in Austria, who are the defendants Gronich in this action, Golden-berg having deposited the money with the correspondents of the drawers of the check in Europe to be transmitted to Goldenberg in the United States. They sent to Goldenberg at New York a check for this money. There is no question but what the bankers acted in good faith when they sent this check to Goldenberg and without notice of the defendants’…
2Cases cited2 opinions
- Cheever v. Pittsburgh, Shenango & Lake Erie RailroadNew York Court of Appeals · 1896
- Cole v. HarrisonAppellate Division of the Supreme Court of the State of New York · 1915
3Cited by3 opinions
- MacK v. DaileyCourt of Appeals for the Second Circuit · 1924
- Harford National Bank v. GardnerNew York Supreme Court · 1916
- Ironbound Trust Co. v. Schmidt-Dauber Co.Appellate Terms of the Supreme Court of New York · 1918