Legal Opinion

American Surety Co. v. Empire Trust Co.

New York Court of Appeals

Decided June 6, 1933PublishedCited by 17 opinions

1Opinion of the CourtLehman, J.

The Farmers and Mechanics Savings Bank of Lockport received a letter purporting to be signed by Lukas Szmytki, a depositor, inclosing two bank books of the depositor. The writer requested that checks be mailed to him at an address in Wyandotte, Michigan, for sums aggregating almost nine thousand dollars, closing out one account and leaving only a small balance in the second account. The bank sent drafts as requested and returned the one bank book which still showed a small deposit. It wrote the inclosing letter upon its own stationery. The drafts when presented to the drawee, Empire Trust…

2Cases cited9 opinions

  1. Jordan Marsh Co. v. National Shawmut BankMassachusetts Supreme Judicial Court · 1909
  2. Crawford v. . West Side BankNew York Court of Appeals · 1885
  3. Seaboard National Bank v. Bank of AmericaNew York Court of Appeals · 1908
  4. National Surety Co. v. President & Directors of the Manhattan Co.New York Court of Appeals · 1929
  5. City of New York v. Bronx County Trust Co.New York Court of Appeals · 1933

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3Cited by17 opinions

  1. Home Indemnity Co. v. State BankSupreme Court of Iowa · 1943
  2. Scott v. First National BankSupreme Court of Missouri · 1938
  3. Halsey v. Bank of New York & Trust Co.New York Court of Appeals · 1936
  4. Fitzgibbons Boiler Co. v. National City BankNew York Court of Appeals · 1942
  5. Bank of New York v. Public National Bank & Trust Co.New York Supreme Court · 1948

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