Feller v. Manufacturers Trust Co.

New York Court of Appeals

Feller v. Manufacturers Trust Co.

151 N.E.2d 619, 4 N.Y.2d 951

DecidedMay 16, 1958

StatusPublished

This text of 151 N.E.2d 619 (Feller v. Manufacturers Trust Co.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Feller v. Manufacturers Trust Co., 151 N.E.2d 619, 4 N.Y.2d 951 (N.Y. 1958).

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Opinion

Judgment affirmed, with costs; no opinion.

Concur: Chief Judge Conway and Judges Desmond, Dye, Froessel, Van Voorhis and Burke. Judge Fuld dissents and votes to reverse and to reinstate the verdict of the jury in favor of plaintiff in the following memorandum: In my view, a question of fact was raised at the trial for the jury’s determination as to whether it was reasonable for the defendant drawee bank to pay a check, without first making inquiry of the plaintiff drawer, when it appeared that the check was presented five months after its date of issuance and that the drawer had filed with the bank a stop-payment order good for three months.

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Judgment affirmed, with costs; no opinion.

Concur: Chief Judge Conway and Judges Desmond, Dye, Froessel, Van Voorhis and Burke. Judge Fuld dissents and votes to reverse and to reinstate the verdict of the jury in favor of plaintiff in the following memorandum: In my view, a question of fact was raised at the trial for the jury’s determination as to whether it was reasonable for the defendant drawee bank to pay a check, without first making inquiry of the plaintiff drawer, when it appeared that the check was presented five months after its date of issuance and that the drawer had filed with the bank a stop-payment order good for three months.

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Bluebook (online)

151 N.E.2d 619, 4 N.Y.2d 951, Counsel Stack Legal Research, https://law.counselstack.com/opinion/feller-v-manufacturers-trust-co-ny-1958.