National Reserve Bank v. Corn Exchange Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The National Reserve Bank of the City of New York, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 9th day of December, 1914, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 7th day of December, 1914, denying plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Scott, J.:
The action is for money paid under a mistake of fact. On May 13, 1913, the firm of Charles A. Stoneham & Co., which
*196was a depositor in plaintiff bank, drew its check on said bank to the order of Frederick Mullhunded for the sum of $8.12. Mullhunded, by methods known to forgers, altered the check so that it appeared to be for the sum of $1,800.12, and in that condition presented it to plaintiff bank for certification. Plaintiff stamped upon the face of the check its acceptance payable at another bank, this constituting a certification. Mullhunded then opened an account in defendant…
2Cases cited1 opinion
- Continental National Bank v. Tradesmen's National BankNew York Court of Appeals · 1903
3Cited by5 opinions
- Lipten v. Columbia Trust Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Wells Fargo Bank & Union Trust Co. v. Bank of ItalyCalifornia Supreme Court · 1931
- Sam Goody, Inc. v. Franklin National BankNew York Supreme Court · 1968
- Wallach Sons, Inc. v. Bankers Trust Co.Civil Court of the City of New York · 1970
- Brower v. Franklin National BankDistrict Court, S.D. New York · 1970