Geering v. Metropolitan Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Metropolitan Bank, from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 12th day of May, 1915, affirming a, judgment of the City Court of the City of New York in favor of the plaintiff, entered upon a directed verdict, and also affirming the order of said court denying defendant’s motion for a new trial made upon the minutes.
Read the full summary
Appeal by the defendant, Metropolitan Bank, from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 12th day of May, 1915, affirming a, judgment of the City Court of the City of New York in favor of the plaintiff, entered upon a directed verdict, and also affirming the order of said court denying defendant’s motion for a new trial made upon the minutes. An appeal is also taken from the original judgment of the City Court of the City of New York, entered in the office of the clerk of said court on the 15th day of December,…
1Opinion of the Court
Scott, J.:
The action is brought by a depositor against his depository batik to recover the sum of $576.52. The amount sought to be *752recovered represents a number of checks which were deposited by plaintiff and credited to his account. Subsequently upon the ascertainment by defendant that, as it alleges, the checks had come into plaintiff’s possession through a forged indorsement, the credit was canceled.
The checks in question were drawn by the North British and Mercantile Insurance Company upon the Merchants National Bank to the order of divers persons. One J. W. Walker, who was a clerk in the…
2Cases cited4 opinions
- Stein v. Empire Trust Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Oriental Bank v. GalloAppellate Division of the Supreme Court of the State of New York · 1906
- Oriental Bank v. . GalloNew York Court of Appeals · 1907
- Egner v. Corn Exchange BankNew York Supreme Court · 1904
3Cited by3 opinions
- American Exchange National Bank v. Yorkville BankNew York Supreme Court · 1924
- 622 West 113th Street Corp. v. Chemical Bank New York Trust Co.Civil Court of the City of New York · 1966
- Shepherd v. Mortgage Security Corp. of AmericaSupreme Court of Virginia · 1924