Scheibe v. Zaro
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Henry C. Zaro, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 6th day of May, 1921, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 2d day of May, 1921, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Smith, J.:
The plaintiff on January 15, 1917, paid the defendant $3,630, the equivalent on that day of 20,000 marks “ for remittance to ” a specified savings bank in Berlin. Nothing extra was paid to defray the expense of cable transmission. Such deposit necessitated the forwarding of signatures of plaintiff, request for bank book, etc. The duty of defendant as specified in the Banking Law of this State, section 167, was that this remittance should be made within five days, unless a written agreement to the contrary had been entered into.* This duty was not fully performed. The defendant did,…
2Cases cited11 opinions
- Kley v. . HealyNew York Court of Appeals · 1891
- Kauffman v. RaederCourt of Appeals for the Eighth Circuit · 1901
- Cox v. . StokesNew York Court of Appeals · 1898
- Legniti v. Mechanics & Metals National BankNew York Court of Appeals · 1921
- Howe v. Howe & Owen Ball Bearing Co.Court of Appeals for the Eighth Circuit · 1907
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3Cited by11 opinions
- Snehoda v. First National Bank in WichitaSupreme Court of Kansas · 1924
- Huminsky v. Gary National BankWest Virginia Supreme Court · 1929
- Chemical National Bank v. Equitable Trust Co.Appellate Division of the Supreme Court of the State of New York · 1922
- American Union Bank v. GubelmanAppellate Division of the Supreme Court of the State of New York · 1925
- Dermer v. BarrettAppellate Division of the Supreme Court of the State of New York · 1922
6 more not listed; retrieve them via the Exa API.