Metropolitan Life Insurance v. Bank of United States
New York Court of Appeals
1Opinion of the CourtO’Brien, J.
The complaint alleges that defendant Hotel Martinique, Inc., for a consideration, delivered to plaintiff a certified check drawn by the hotel company upon defendant the Bank of United States for $11,000, and that upon presentation the bank refused payment. Judgment is demanded for the amount of the check together with the protest fee and interest and costs. The answer of the bank alleges that the certification was made through error; that at the time the check was presented for certification, the hotel company’s account was held subject to a hen for a sum in excess of the amount of the check…
2Cases cited3 opinions
- Carnegie Trust Co. v. First National BankNew York Court of Appeals · 1915
- Irving Bank of New York v. WetheraldNew York Court of Appeals · 1867
- Mt. Morris Bank v. . Twenty-Third Ward BankNew York Court of Appeals · 1902
3Cited by9 opinions
- Jefferies & Company, Inc. v. Arkus-DuntovDistrict Court, S.D. New York · 1973
- Manufacturers Trust Co. v. DiamondAppellate Terms of the Supreme Court of New York · 1959
- Quistgaard v. EAB European American Bank & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1992
- CONDENSER SERVICE, ETC., CO. v. Mycalex Corp.New Jersey Superior Court Appellate Division · 1950
- Rosenbaum v. First National City BankAppellate Division of the Supreme Court of the State of New York · 1961
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