Chartered Bank v. American Trust Co.
New York Supreme Court
1Opinion of the CourtAbraham N. Geller, J.
This is a motion to dismiss each of the five causes of action of the amended complaint for legal insufficiency. The facts alleged by plaintiff, upon the basis of which causes sounding in negligence and conversion have been asserted, are the following.
That an employee of plaintiff bank, one William Scorca, prepared and signed 123 checks drawn on the account of plaintiff in the Bank of New York from June, 1962 to December, 1963 aggregating $562,354.36, all made payable by Scorca to the order of one Oscar Rosenfeld but not intending him to have any interest in said checks, and that Scorca…
2Cases cited4 opinions
- Manufacturers & Traders Trust Co. v. SapowitchNew York Court of Appeals · 1947
- Soma v. HandrulisNew York Court of Appeals · 1938
- City of New York v. Bronx County Trust Co.New York Court of Appeals · 1933
- Coopersmith v. MaunzAppellate Division of the Supreme Court of the State of New York · 1929
3Cited by10 opinions
- McAdam v. Dean Witter Reynolds, Inc.Court of Appeals for the Third Circuit · 1990
- J. A. Jones Construction Co. v. City of DoverSuperior Court of Delaware · 1977
- Stewart v. ThorntonArizona Supreme Court · 1977
- Chartered Bank v. American Trust Co.New York Supreme Court · 1965
- People v. HoffmanNew York Supreme Court · 1977
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