Lynch v. First National Bank of Jersey City
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme-Court in the first judicial department, entered upon an order’ made May 29, 1885, which affirmed a judgment in favor of plaintiff entered upon a verdict. This action was upon a check drawn upon and certified by defendant. The material facts are stated in the. opinion.
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Appeal from judgment of the General Term of the Supreme-Court in the first judicial department, entered upon an order’ made May 29, 1885, which affirmed a judgment in favor of plaintiff entered upon a verdict. This action was upon a check drawn upon and certified by defendant. The material facts are stated in the. opinion. The appellant was under no legal obligation to recognize the alleged ownership of the respondent, or to pay the amount of the check, except upon the order of the drawer, evidenced by his indorsement upon it. ( Willets v. Phœnix Bank, 2 Duer, 121; Edw. on Bills and Notes,…
1Opinion of the Court
Ruger, Ch. J.
It is desirable in the first instance to precisely determine the questions which are presented by the record before us.
The evidence is very brief and not in any respect conflicting, unless the facts proved are fairly susceptible of opposite inferences in different minds. At the close of the plaintiff’s ■case, the defendant moved for a dismissal of the complaint without stating the grounds therefor, and upon the refusal of the court to grant the motion, took an exception. After the evidence was all in, the court directed a verdict for the plaintiff, to which direction the…
2Cases cited6 opinions
- Risley v. . Phenix Bank of City of New YorkNew York Court of Appeals · 1881
- &198tna National Bank v. . Fourth National BankNew York Court of Appeals · 1871
- Commercial Bank v. HughesNew York Supreme Court · 1837
- The Oneida Bank v. . the Ontario BankNew York Court of Appeals · 1860
- Freund v. Importers & Traders' National BankNew York Court of Appeals · 1879
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3Cited by17 opinions
- Goshen National Bank v. BinghamNew York Court of Appeals · 1890
- Hillsley v. State Bank of AlbanyAppellate Division of the Supreme Court of the State of New York · 1965
- Sundail Construction Co. v. Liberty BankNew York Court of Appeals · 1938
- People v. St. Nicholas BankNew York Supreme Court · 1894
- Kosic v. Marine Midland BankAppellate Division of the Supreme Court of the State of New York · 1980
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