Manufacturers Trust Company v. Diamond

Full title: MANUFACTURERS TRUST COMPANY, Respondent, v. ARTHUR DIAMOND, Appellant

Court: Supreme Court, Appellate Term, First Department

Date published: Nov 21, 1957

10 Misc. 2d 142 (N.Y. App. Term 1957)

169 N.Y.S.2d 941

Opinion

November 21, 1957

Appeal from the Municipal Court of the City of New York, Borough of Manhattan, MARIO G. DI PIRRO, J.

Harry A. Roth for appellant.

Robert S. Carlson for respondent.

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bank at which it is payable, receives the money, and surrenders the paper, the transaction is completed and cannot be rescinded except for fraud or mutual mistake ( Oddie v. National City Bank, 45 N.Y. 735; Bankers Trust Co. v. Wells, 215 App.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