Legal Opinion
Wallach Sons, Inc. v. Bankers Trust Co.
Civil Court of the City of New York
Decided January 2, 1970PublishedCited by 2 opinions
1Opinion of the CourtEdward Goodell, J.
The issue raised by the defendant’s motion for summary judgment is whether a bank is liable to the payee of a check that has been altered by the drawer after certification.
Wallach Sons, Inc., the plaintiff, is engaged in the retail jewelry business. About July 17, 1968, Carol A. Jackson, the purported name of the drawer of the check involved in this action, went to the plaintiff’s store in the guise of a prospective customer, examined a tray of rings, and indicated interest in a ring valued at $2,900. On leaving the store she inquired as to whether her check, if certified, would be accepted…
2Cases cited5 opinions
- Ultramares Corp. v. ToucheNew York Court of Appeals · 1931
- Rozny v. MarnulIllinois Supreme Court · 1969
- Continental National Bank v. Tradesmen's National BankNew York Court of Appeals · 1903
- National Reserve Bank v. Corn Exchange BankAppellate Division of the Supreme Court of the State of New York · 1916
- Sam Goody, Inc. v. Franklin National BankNew York Supreme Court · 1968
3Cited by2 opinions
- Diaz v. Manufacturers Hanover Trust Co.New York Supreme Court · 1977
- Brower v. Franklin National BankDistrict Court, S.D. New York · 1970