Legal Opinion

Jiang v. First National City Bank

Civil Court of the City of New York

Decided December 28, 1970PublishedCited by 4 opinions

1Opinion of the CourtJbvbstg Youxgee, J.

This ease, tried with great professional competence in Small Claims Court, raises the interesting question under what circumstances a bank will be permitted to avoid a receipted deposit slip issued to its customer in due course.

Plaintiff maintains a checking account at one of defendant’s branch offices. On September 3, 1970, he .appeared at the counter and handed to the teller his salary check in the amount of $354.49 and a deposit slip for $350. He received back from the teller the receipted customer’s copy of the deposit .slip. In addition, plaintiff testified, the teller gave him $4.49 in…

2Cases cited3 opinions

  1. De Lavallette v. . WendtNew York Court of Appeals · 1879
  2. Klein v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1938
  3. Jermain v. DennistonNew York Court of Appeals · 1852

3Cited by4 opinions

  1. Menthor, S.A. v. Swiss Bank Corp.District Court, S.D. New York · 1982
  2. Barbaro v. Citibank, N. A.Civil Court of the City of New York · 1984
  3. Lancellotti v. Bank of New YorkJustice Court of Village of Ardsley · 1983
  4. Shutter v. HSBC Bank USAAuburn City Court · 2004

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