Eichner v. Bowery Bank
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from an affirmance by the General Term of the City Court of a judgment of the Special Term, sustaining the defendant’s demurrer to the complaint on the ground that it does not set forth facts sufficient to constitute a cause of action.
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Appeal by the plaintiff from an affirmance by the General Term of the City Court of a judgment of the Special Term, sustaining the defendant’s demurrer to the complaint on the ground that it does not set forth facts sufficient to constitute a cause of action. The complaint is as follows: “ The plaintiff, complaining of the . above-named - defendant, shows- to this court and alleges: “ I. On information and belief, that the defendant was at all times hereinafter mentioned and is a corporation organized under the laws of this state for the purpose of carrying on the banking ■business in the…
1Opinion of the Court
'Daly, P. J.
The complaint fails to allege that the check .was indorsed by the payees,, and as it was payable to their order this was necessary before the bank could be required to pay it. Rowley v. National Bank of Deposit, 18 N. Y. Supp. 545; Lynch v. First National Bank of Jersey City, 107 N. Y. 179. There is an averment that the check was presented for payment, in the usual course of business, but this is not equivalent to an allegation of indorsement. It would be in the usual course of business if presented tó the proper officer in the usual manner, and the allegation does not necessarily…
2Cases cited9 opinions
- Howard v. . DalyNew York Court of Appeals · 1875
- Crane v. . PowellNew York Court of Appeals · 1893
- Shaw v. . Republic Life Ins. Co.New York Court of Appeals · 1877
- Burtis v. . ThompsonNew York Court of Appeals · 1870
- Traver v. HalstedNew York Supreme Court · 1840
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3Cited by1 opinion
- Auten v. JacobusAppellate Terms of the Supreme Court of New York · 1897