Hammerschlag Mfg. Co. v. Importers' & Traders' Nat. Bank
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Southern District of New York. Action by the Hammerschlag Manufacturing Company, Incorporated, against the Importers’ & Traders’ National Bank. Judgment for defendant, and plaintiff brings error. The plaintiff is a corporation organized and existing under the laws of the state of New Jersey and has its principal office in the town of Garfield, in. that state.
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In Error to the District Court of the United States for the Southern District of New York. Action by the Hammerschlag Manufacturing Company, Incorporated, against the Importers’ & Traders’ National Bank. Judgment for defendant, and plaintiff brings error. The plaintiff is a corporation organized and existing under the laws of the state of New Jersey and has its principal office in the town of Garfield, in. that state. The defendant is organized and existing under the laws of the United States, and is a resident and citizen of the state of New York, and has its principal office and place of…
1Opinion of the CourtRogers, Circuit Judge
(after stating the facts as above). The question which this case presents relates to the right of a bank which has paid raised checks to escape liability for repayment of the amounts so paid by establishing the negligence of the depositor in not examining the passbook and vouchers returned to him by the bank, and in not reporting to the bank without unreasonable delay the errors discovered or which might have been discovered.
In the present case there was no forgery of signatures. It is admitted that the signatures were all genuine. The forgeries consisted in raising the amounts for which the…
2Cases cited9 opinions
- Leather Manufacturers' Bank v. MorganSupreme Court of the United States · 1886
- Critten v. Chemical National BankNew York Court of Appeals · 1902
- Morgan v. United States Mortgage & Trust Co.New York Court of Appeals · 1913
- Weisser v. . DenisonNew York Court of Appeals · 1854
- First National Bank v. AllenSupreme Court of Alabama · 1893
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Wussow v. Badger State BankWisconsin Supreme Court · 1931
- Airco Supply Company v. Albuquerque National BankNew Mexico Supreme Court · 1961
- First National City Bank v. Compania De Aguaceros, S. A.Court of Appeals for the First Circuit · 1968
- McCarty v. First Nat. BankSupreme Court of Alabama · 1920
- Jewett v. Manufacturers Hanover Trust Co.Civil Court of the City of New York · 1965
2 more not listed; retrieve them via the Exa API.