Safian v. Irving National Bank
New York Supreme Court
• Appeal by defendant from a judgment of the Municipal Court of the city of New York, borough of Manhattan, second district, in favor of plaintiff, after a trial by a judge without a jury.
1Opinion of the CourtBijur, J.
On September 19, 1919, plaintiff purchased from defendant a cable transfer of 7,000 marks for $297.50, plus $7.50 cable expenses, total $305, in favor of Moszek Zelik Safian at Makow, Poland. On January 30, 1920, defendant informed plaintiff that the order had been executed. It developed subsequently that the cable or telegraph company had made *649a mistake in the address and the money was never delivered to the payee. In October, 1920, plaintiff brought this action for the return of the $305 paid by him, which has been awarded him by the judgment appealed from.
Defendant, appellant, claims…
2Cases cited1 opinion
- Legniti v. Mechanics & Metals National BankNew York Court of Appeals · 1921
3Cited by2 opinions
- Chemical National Bank v. Equitable Trust Co.Appellate Division of the Supreme Court of the State of New York · 1922
- American Union Bank v. GubelmanAppellate Division of the Supreme Court of the State of New York · 1925