Legal Opinion

Sullivan v. . Knauth

New York Court of Appeals

Decided February 27, 1917PublishedCited by 13 opinions

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 6, 1914, which reversed an order of the Appellate Term reversing a judgment of the Municipal Court of the city of New York in favor of plaintiff, and reinstated said judgment. The nature of the action and the facts, so far as material, are stated in the opinion.

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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 6, 1914, which reversed an order of the Appellate Term reversing a judgment of the Municipal Court of the city of New York in favor of plaintiff, and reinstated said judgment. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff is not within the defendants’ promise to “pay against this check; ” or within their promise to refund the amount of lost checks against the execution of a suitable bond of indemnity; or even…

1Opinion of the CourtHogan, J.

The plaintiff, by occupation a miner, in the fall of 1911 contemplated a trip to San Francisco and Lima, Peru. He called at the Lyon County National Bank at Yerington, Nevada, and asked for Wells-Fargo travelers’ checks. An officer of the bank recommended to him travelers’ checks issued by defendants and he thereupon purchased seven checks, four for one hundred dollars each, three for fifty dollars each and paid therefor five hundred fifty dollars.

Three of the checks, two for one hundred dollars each and one for fifty dollars, are involved in the present action.

The following is a copy of one…

2Cited by13 opinions

  1. Garden Check Cashing Service, Inc. v. First National City BankAppellate Division of the Supreme Court of the State of New York · 1966
  2. Thomas C. Cook, Inc. v. Rowhanian, Texas Court of Appeals, 8th District (El Paso)1989
  3. First National City Bank v. Frederics-Helton Travel Service, Inc.New York Supreme Court · 1961
  4. American Express Co. v. Rona Travel Service, Inc.New Jersey Superior Court Appellate Division · 1962
  5. Emerson v. American Exp. Co.District of Columbia Court of Appeals · 1952

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