Legal Opinion
Banca Commerciale Italiana Trust Co. v. Clarkson
New York Court of Appeals
Decided April 27, 1937PublishedCited by 9 opinions
1Opinion of the CourtLoughran, J.
The action is in form one to recover for the conversion of six checks.
Plaintiff is a domestic banking corporation. One Priola was the assistant manager of a branch office of its bank. The defendants are a firm of stockbrokers. One McCann was a “ customers’ man ” in their employ. In July, 1929, Priola, through McCann, opened a speculative trading account with the defendants in the maiden name of his wife (Irma Schafflin). The proceeds of the checks in suit were credited on that account which was handled by McCann who received the checks from Priola.
Three of the instruments were genuine in…
2Cases cited7 opinions
- National Bank of North America v. BangsMassachusetts Supreme Judicial Court · 1871
- N. B'k of C. in N.Y. v. . N.M. B'k A. of N.Y.New York Court of Appeals · 1873
- Title Guarantee Trust Co. v. . HavenNew York Court of Appeals · 1909
- Germania Bank of Minneapolis v. BoutellSupreme Court of Minnesota · 1895
- First National Bank v. RickerIllinois Supreme Court · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Titus v. WallickSupreme Court of the United States · 1939
- Sosnow, Kranz & Simcoe, Inc. v. Storatti Corp.Appellate Division of the Supreme Court of the State of New York · 1945
- Par-X Uniform Service Corp. v. Emigrant Industrial Savings BankAppellate Division of the Supreme Court of the State of New York · 1945
- Heitzmann v. Willys-Overland Motors, Inc.District Court, E.D. New York · 1946
- Gerel Corp. v. Prime Eastside Holdings, LLCAppellate Division of the Supreme Court of the State of New York · 2004
4 more not listed; retrieve them via the Exa API.