Manufacturers Trust Co. v. Diamond

Appellate Terms of the Supreme Court of New York

Manufacturers Trust Co. v. Diamond

10 Misc. 2d 142, 169 N.Y.S.2d 941, 1957 N.Y. Misc. LEXIS 2136

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 21, 1957

StatusPublished

Cited by1 cases

This text of 10 Misc. 2d 142 (Manufacturers Trust Co. v. Diamond) 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

Manufacturers Trust Co. v. Diamond, 10 Misc. 2d 142, 169 N.Y.S.2d 941, 1957 N.Y. Misc. LEXIS 2136 (N.Y. Ct. App. 1957).

Pincite

Opinion

Per Curiam.

Where the holder of a check presents it at the bank at which it is payable, receives the money, and surrenders the paper, the transaction is completed and cannot be rescinded except for fraud or mutual mistake (Oddie v. National City Bank, 45 N. Y. 735; Bankers Trust Co. v. Wells, 215 App. Div. 343).

The judgment and order should be reversed, with $10 costs, and motion denied.

Aurelio and Tilzer, JJ., concur; Hofstadter, J., concurs in result.

Judgment and order reversed, etc.

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