Manufacturers Trust Co. v. Diamond
10 Misc. 2d 142, 169 N.Y.S.2d 941, 1957 N.Y. Misc. LEXIS 2136
Appellate Terms of the Supreme Court of New York·Decided November 21, 1957·Published·Cited by 1 cases
Opinion
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bank at which it is payable, receives the money, and surrenders the paper, the transaction is completed and cannot be rescinded except for fraud or mutual mistake (Oddie v. National City Bank, 45 N. Y. 735; Bankers Trust Co. v. Wells, 215 App.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.
Free access — add to your briefcase to read the full text and ask questions with AI
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).
10 Misc. 2d 142 (Manufacturers Trust Co. v. Diamond) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
National Boulevard Bank of Chicago v. Schwartz
175 F. Supp. 74 (S.D. New York, 1959)