Neuberger v. Importers & Traders National Bank

Headnote

Money had and received — action to recover proceeds of check drawn to order of infant and indorsed by guardian and deposited to account of her attorney by whom the whole amount was converted.

Neuberger v. Importers & Traders Nat. Bank, 212 App. Div. 880 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 26, 1925, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at.a Trial Term without'a jury. The action

was for money had and received, for $9,130.93, on an alleged cause of action claimed to have arisen out of the deposit with the defendant in 1911 of a check for $13,609.46, drawn by the Long Island Railroad Company to the order of the plaintiff (then an infant), indorsed in blank by his general guardian and delivered to one M. P. O’Connor, a depositor of defendant, and by him indorsed and deposited with the defendant, which collected the check and placed the proceeds to his credit and paid them out before the commencement of this action and before notice of any claim by plaintiff.