Chrzanowska v. Corn Exchange Bank — 225 N.Y. 728

Majority

p. 728

Priscilla Chrzanowska, Appellant, v. The Corn Exchange Bank, Respondent.

Headnote

Chrzanowska v. Corn Exchange Bank, 173 App. Div. 285 , affirmed.

(Argued February 6, 1919;

decided February 25, 1919.)

Appeal, by permission, from a judgment entered December 29, 1916, upon an order of the Appellate Division of the Supreme Court in the first judicial depart

p. 729

ment, which reversed a determination of the Appellate Term affirming a judgment of the City Court of the city of New York in favor of plaintiff and directed judgment in favor of defendant. Plaintiff deposited and had credited to her account in the defendant bank a check drawn to her order by another depositor of the bank. It transpiring that the drawer of the check was dead before the deposit was made the defendant refused to pay the amount to the plaintiff and this action was brought to recover.

Alex B. Greenberg and Morris Leight for appellant.

Spotswood D. Bowers and John J. Halpin for respondent.

Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Chase, Hogan, Cardozo, Pound, McLaughlin and Andrews, JJ.

Cases cited

Chrzanowska v. Corn Exchange Bank 173 App. Div. 285 N.Y. App. Div. 1916-06-02 p. 728