Krinsky v. Bank of United States

Appellate Terms of the Supreme Court of New York

Krinsky v. Bank of United States

123 Misc. 924, 206 N.Y.S. 712, 1924 N.Y. Misc. LEXIS 1254

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 11, 1924

StatusPublished

This text of 123 Misc. 924 (Krinsky v. Bank of United States) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Krinsky v. Bank of United States, 123 Misc. 924, 206 N.Y.S. 712, 1924 N.Y. Misc. LEXIS 1254 (N.Y. Ct. App. 1924).

Pincite

Opinion

Per Curiam.

Plaintiff sued for the amount which he had paid defendant for the latter’s agreement to make a payment abroad in foreign money. He proved that defendant had told him that the transfer would be accomplished by means of a check which defendant gave him (Safian v. Irving Nat. Bank, 202 App. Div. 459, 460); that the first check was lost, whereupon defendant substituted a second, and that when that was not paid, defendant took the check back.

The action was clearly not one on the draft, but for money had and received upon rescission of the contract, which plaintiff had the right to rescind upon non-performance and which he proved was rescinded by mutual consent.

Judgment reversed and new trial ordered, with thirty dollars costs to appellant to abide the event.

All concur; present, Gut, Bijur and Mullan, JJ.

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