Legal Opinion · Dissent

Schnabel v. Hanover National Bank

Appellate Terms of the Supreme Court of New York

Decided October 31, 1912Published

Appeal from City Court of New York, Special Term. Action by Richard A. Schnabel and another against the Hanover National Bank of the City of New York. From an order vacating an order for plaintiff’s examination before trial, defendant appeals.

1DissentBijur, J.

Defendant claims its right to an examination substantially on three considerations: First, that it does not know - who the party in plaintiffs’ employ may be whom they charge with having forged their name; second, that it does not know whether or not such person had authority to sign their name; *727third, that it does not know who received the money on the forgeries, nor what names of banks or other persons are indorsed on the instruments alleged to have been forged.

As to the first point, it is apparent that proof that plaintiffs’ name was forged must be made by plaintiffs. It is the very…

2Cases cited2 opinions

  1. Ehrich v. RootAppellate Division of the Supreme Court of the State of New York · 1907
  2. Reynolds v. CallanAppellate Division of the Supreme Court of the State of New York · 1909

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