Appellate Division of the Supreme Court of New York, 1928

Scanlon v. First National Bank

Scanlon v. First National Bank
Appellate Division of the Supreme Court of New York · Decided May 15, 1928
224 A.D. 693
Scanlon v. First National Bank

Opinion of the Court

Judgment and order affirmed, with costs. All concur, except Sears, J., who dissents and votes for reversal on the ground that the evidence fails to show that the defendant had knowledge or reasonable grounds for knowledge that the plaintiff’s intestate was ignorant of the time limitation contained in the letter of credit, and without such knowledge or reasonable grounds for such knowledge there was no basis for a finding of negligence in defendant’s failure to disclose to plaintiff’s intestate the terms of the limitation. Present — Hubbs, P. J., Clark, Sears, Crouch and Sawyer, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.