Legal Opinion
Allied Stores of New York, Inc. v. Funderburke
Civil Court of the City of New York
Decided February 23, 1967PublishedCited by 6 opinions
1Opinion of the CourtHarold Birns, J.
The question for decision in this case is whether a person to whom a credit card has been issued shall be liable for purchases to issuer where such holder is unaware of its loss and use by a thief. * 1 ~
HaiEES7~operator^? a department store, seeks judgment for $2,460, claiming nonpayment for 237 purchases made in defendant’s name during a one-month period in 1965. Plaintiff relies on an application for credit signed by defendant in 1961 whereunder a credit card was issued. By the signed application, entitled “ Retail Instalment Credit Agreement (Flexible Charge Account) ”, the defendant…
2Cases cited5 opinions
- Magnolia Petroleum Co. v. McMillanCourt of Appeals of Texas · 1943
- Union Oil Co. of Calif. v. LullOregon Supreme Court · 1960
- Texaco, Inc. v. GoldsteinCity of New York Municipal Court · 1962
- Texaco, Inc. v. GoldsteinAppellate Terms of the Supreme Court of New York · 1963
- Gulf Refining Co. v. Plotnick, Pennsylvania Court of Common Pleas, Lancaster County1935
3Cited by6 opinions
- Mobil Oil Corp. v. BurdoSuffolk County District Court · 1972
- Duke v. Sears, Roebuck and Co.Court of Appeals of Texas · 1968
- Uni Serv Corp. v. VitielloCivil Court of the City of New York · 1967
- Duke v. Sears, Roebuck and Co.Court of Appeals of Texas · 1968
- Lechmere Tire & Sales Co. v. BurwickMassachusetts District Court, Appellate Division · 1970
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