Cohn v. Trade Bank

Appellate Division of the Supreme Court of New York

Cohn v. Trade Bank

240 A.D. 966

Appellate Division of the Supreme Court of the State of New York·Decided December 15, 1933·Published·Cited by 1 cases

Opinion

[967]*967Determination modified by granting a new trial, and as so modified affirmed, with costs in all courts to abide the event. The indorsement “ for deposit ” by plaintiff’s assignor was sufficient to restrict further negotiation of the check as held by the Appellate Term. The defendant, however, is entitled to an opportunity to present any defense which it may have affecting either the merits of the claim or the extent of plaintiff’s damage. Present — Finch, P. J., Martin, Townley and Glennon, JJ. [146 Misc. 771.]

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[967]*967Determination modified by granting a new trial, and as so modified affirmed, with costs in all courts to abide the event. The indorsement “ for deposit ” by plaintiff’s assignor was sufficient to restrict further negotiation of the check as held by the Appellate Term. The defendant, however, is entitled to an opportunity to present any defense which it may have affecting either the merits of the claim or the extent of plaintiff’s damage. Present — Finch, P. J., Martin, Townley and Glennon, JJ. [146 Misc. 771.]

Cohn v. Trade Bank, 240 A.D. 966 (N.Y. Ct. App. 1933).

Pincite

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Opinion

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