Stein v. Empire Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant,' the Empire Trust Company, from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 29 th day of June, 1911, reversing a judgment of the MunicipalCourt of the city of New York in favor of the defendant rendered on the 13th day of March, 1911, and directing a new trial.
1Opinion of the Court
McLaughlin, J.:
The plaintiff, on the 25th of July, 1910, had an account with the defendant. On that day he deposited for collection a check for seventy-five dollars and ten cents, drawn by one Epstein upon the Westchester County National Bank and payable to the order of W. Sapolsky. At the time the check was deposited it bore what purported to be the latter’s indorsement, as well as the plaintiff’s. The amount of the check, less ten cents, was credited to the plaintiff’s account and an entry to that effect made in his pass book. Some time thereafter, upon notice to the plaintiff that one of •…
2Cases cited3 opinions
- National Park Bank of New York v. Seaboard BankNew York Court of Appeals · 1889
- Dickerson v. . WasonNew York Court of Appeals · 1872
- Oriental Bank v. GalloAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by12 opinions
- Chrzanowska v. Corn Exchange BankAppellate Division of the Supreme Court of the State of New York · 1916
- 622 West 113th Street Corp. v. Chemical Bank New York Trust Co.Civil Court of the City of New York · 1966
- Bergman v. Avenue State BankAppellate Court of Illinois · 1936
- Spooner v. Bank of DonalsonvilleSupreme Court of Georgia · 1916
- Stark v. Public National BankAppellate Terms of the Supreme Court of New York · 1924
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