Home/New York Court of Appeals/Rosenbaum v. First National City Bank

Rosenbaum v. First National City Bank

182 N.E.2d 280, 11 N.Y.2d 845
CourtNew York Court of Appeals
DecidedApril 5, 1962
StatusPublished
Cited by3 cases

This text of 182 N.E.2d 280 (Rosenbaum v. First National City Bank) 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
Rosenbaum v. First National City Bank, 182 N.E.2d 280, 11 N.Y.2d 845 (N.Y. 1962).

Opinion

Per Curiam.

The weight of authority holds that when a bank pays a check after and despite receiving a stop-payment order from its depositor it cannot recover on the check from the payee of the check (see National Commercial Bank & Trust Co. v. Madison, 270 App. Div. 437; Matter of Rousos, 195 Misc. 959; Michie, Banks and Banking, Vol. 5A, p. 549; 5 N. Y. Jur., Banks and Trust Companies, § 398; 39 A. L. R. 1240). The same rule should apply with equal or greater force when the bank in payment of the check has issued its own cashier’s check to the holder.

The judgment should he affirmed, with costs.

Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burice and Foster concur.

Judgment affirmed.

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Bluebook (online)
182 N.E.2d 280, 11 N.Y.2d 845, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosenbaum-v-first-national-city-bank-ny-1962.