McIntire v. National Nassau Bank

Headnote

McIntire v. Nat. Nassau Bank of N. T., 157 App. Div. 916 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 24, 1913, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court in an action brought by plaintiff as a depositor to recover' a balance on deposit with the defendant bank. The defendant charged the account of the plaintiff with a check for $5,500, to which plaintiff’s signature had been forged. The answer interposed a defense based upon the following writing:

“New York, October 28th, 1911.

“Received from The National Nassau Bank of New York, pass-book of the undersigned, balanced to........, with vouchers as per list therewith, which are hereby accepted as correct and genuine, and the account approved as stated, and the Bank released from all claims in connection with the same unless written notice to the contrary is given within ten days from this date.

“W. H. McINTIRE,

“Per.........”