Hartford v. Greenwich Bank — 215 N.Y. 726

Majority

p. 726

John A. Hartford, Appellant, v. The Greenwich Bank of the City of New York, Respondent.

(Argued May 10, 1915;

decided July 13, 1915.)

Headnote

Hartford v. Greenwich, Bank, of New York City, 157 App. Div. 448 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 14, 1913, affirming a judgment in favor of defendant entered upon a verdict directed by the court. The question at issue was whether or not the defendant was justified in charging five checks, aggregating $8,060.50, to the account of the depositor, which had been paid by the bank. The plaintiff contended that these checks were not paid to the person named as payee; the defendant contended that it paid the checks to the payee named therein and to the person whom the drawer intended the checks should be paid.

p. 727

Herbert Barry for appellant.

Jesse 8. Epstein for respondent.

Judgment affirmed, with costs, on opinion of Scott, J., below.

Concur: Willard Bartlett, Ch. J., Werner, Chase, Cuddeback, Hogan, Miller and Seabury, JJ.