Legal Opinion
American Building Maintenance Co. of California Inc. v. Federation Bank & Trust Co.
District Court, S.D. New York
Decided January 11, 1963PublishedCited by 6 opinions
1Opinion of the Court
DIMOCK, District Judge.
This is an action by American Building Maintenance Company of California Incorporated, a depositor in defendant Federation Bank & Trust Company, to recover amounts paid out by the bank on checks drawn by plaintiff but bearing forged indorsements.
ESTOPPEL
The duty of a bank to refrain from honoring a depositor’s checks presented with forged indorsements is contractual. The depositor may, however, estop himself from enforcing this contractual duty by conduct which induces its breach. Such conduct is sometimes referred to as negligence and, if the bank is negligent in…
2Cases cited16 opinions
- Oddie v. . the Nat. City Bank of New YorkNew York Court of Appeals · 1871
- Fidelity & Deposit Co. v. Queens County Trust Co.New York Court of Appeals · 1919
- Phillips v. Mercantile National BankNew York Court of Appeals · 1894
- National Surety Co. v. President & Directors of the Manhattan Co.New York Court of Appeals · 1929
- Frederic A. Potts & Co. v. Lafayette National BankNew York Court of Appeals · 1935
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3Cited by6 opinions
- Robinson Motor Xpress, Inc. v. HSBC Bank, USAAppellate Division of the Supreme Court of the State of New York · 2006
- Knight Publishing Co. v. Chase Manhattan Bank, N.A.Court of Appeals of North Carolina · 1997
- First National City Bank v. Compania De Aguaceros, S. A.Court of Appeals for the First Circuit · 1968
- New Gold Equities Corp. v. Chemical BankAppellate Division of the Supreme Court of the State of New York · 1998
- First National Bank of Melbourne v. Sogaard & Debo, Inc.Court of Appeals for the First Circuit · 1969
1 more not listed; retrieve them via the Exa API.