Cohn v. Trade Bank of New York

Full title: DANIEL COHN, Appellant, v. TRADE BANK OF NEW YORK, Respondent

Court: Supreme Court, Appellate Term, First Department

Date published: Mar 9, 1933

146 Misc. 771 (N.Y. App. Term 1933)

262 N.Y.S. 797

Opinion

March 9, 1933.

Appeal from the Municipal Court, Borough of Manhattan, Third District.

Weschler Kohn [ Albert Ross of counsel], for the appellant.

Solon B. Lilienstern [ Aaron Weiss of counsel], for the respondent.

PER CURIAM.

The indorsement "for deposit" by the plaintiff's assignors was sufficient to restrict further negotiation of the check (Neg. Inst. Law, § 66; Johnson v. Donnell, 90 N.Y. 1; Haskell v. Avery, 181 Mass. 106.) Since the defendant bank had already disregarded the restrictive indorsement when the plaintiff's assignors learned that the check had been misappropriated, they were under no duty to notify the bank of their interest in the proceeds.

Judgment reversed, with thirty dollars costs, and judgment directed for plaintiff for the amount demanded in the complaint.

All concur; present, LYDON, FRANKENTHALER and UNTERMYER, JJ.