Baldinger & Kupferman Manufacturing Co. v. Manufacturers-Citizens Trust Co.
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, sixth district, in favor of the defendant, dismissing the plaintiff’s complaint upon the merits.
1Opinion of the CourtKapper, J.
Plaintiff, payee of a check for fifty dollars, drawn to its order upon the defendant by one *95Rudolph Hercosvici, dated January 20, 1915, sues the defendant for the amount of the check which the defendant’s teller on March 17, 1915, accepted, plaintiff claiming that the acceptance transferred the drawer’s funds to the plaintiff despite the fact that the defendant had stopped payment of the check when presented to it for payment by the plaintiff’s bank. On February 4, 1915, the drawer, Hercosvici, duly notified the defendant to stop payment on the check; but by the mistake of the defendant’s…
2Cases cited5 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
- Anglo-South American Bank, Ltd. v. National City BankAppellate Division of the Supreme Court of the State of New York · 1914
- National Park Bank v. Steele & Johnson Manufacturing Co.New York Supreme Court · 1890
- Rankin v. Colonial BankNew York Supreme Court · 1900
3Cited by8 opinions
- School District No. 9 v. First National BankArizona Supreme Court · 1941
- Lipten v. Columbia Trust Co.Appellate Division of the Supreme Court of the State of New York · 1920
- CONDENSER SERVICE, ETC., CO. v. Mycalex Corp.New Jersey Superior Court Appellate Division · 1950
- Greenberg v. World Exchange BankAppellate Division of the Supreme Court of the State of New York · 1929
- Edwards v. National City BankCity of New York Municipal Court · 1934
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