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Greenwald v. State Bank

Supreme Court, Appellate Term, First Department
Jun 4, 1925
125 Misc. 260 (N.Y. App. Term 1925)

Opinion

June 4, 1925.

William F. Cogswell, for the appellant.

Reuben Dorfman, for the respondent.


The controversy involved in the present appeal was before the November, 1924, term of this court ( 124 Misc. 176) in connection with a motion granting the defendant the right to interplead a third party, who was the payee of a check drawn by plaintiff upon defendant. The per curiam opinion in that case practically disposes of the contentions of appellant on the present appeal.

It may be useful to add that although not specifically referred to in our previous opinion, the appellant now calls attention to the fact that the check involved was certified at the instance of the plaintiff. The opinion in one of the cases cited by appellant, namely, Olsen v. Bankers Trust Co. ( 205 A.D. 669), points out (at p. 670) that the plaintiff's right against the defendant here to have his funds in the check remain unaffected by the fact of such certification.

Judgment and order affirmed, with costs.

All concur; present, BIJUR, McGOLDRICK and LEVY, JJ.


Summaries of

Greenwald v. State Bank

Supreme Court, Appellate Term, First Department
Jun 4, 1925
125 Misc. 260 (N.Y. App. Term 1925)
Case details for

Greenwald v. State Bank

Case Details

Full title:SOLOMON GREENWALD, Respondent, v . THE STATE BANK, Appellant

Court:Supreme Court, Appellate Term, First Department

Date published: Jun 4, 1925

Citations

125 Misc. 260 (N.Y. App. Term 1925)
210 N.Y.S. 378