Cohn v. Trade Bank of New York

Full title: DANIEL COHN, Respondent, v. TRADE BANK OF NEW YORK, Appellant

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 1, 1933

240 App. Div. 966 (N.Y. App. Div. 1933)

Opinion

December, 1933.

Present — Finch, P.J., Martin, Townley and Glennon, JJ. [ 146 Misc. 771.]

Determination modified by granting a new trial, and as so modified affirmed, with costs in all courts to abide the event. The indorsement "for deposit" by plaintiff's assignor was sufficient to restrict further negotiation of the check as held by the Appellate Term. The defendant, however, is entitled to an opportunity to present any defense which it may have affecting either the merits of the claim or the extent of plaintiff's damage.