Appellate Terms of the Supreme Court of New York, 1904

Herrmann Furniture & Plumbers' Cabinet Works v. German Exchange Bank

Herrmann Furniture & Plumbers' Cabinet Works v. German Exchange Bank
Appellate Terms of the Supreme Court of New York · Decided March 24, 1904
87 N.Y.S. 462 (New York Supplement)

Counsel

Steiner & Peterson, for appellant., Otto Greenberger, for respondent.

Herrmann Furniture & Plumbers' Cabinet Works v. German Exchange Bank

Opinion of the Court

PER CURIAM.

The delivery to the plaintiff of the certified check drawn on the defendant bank amounted in legal effect to the payment by the depositor to the plaintiffs of sp much money. The bank was merely the custodian of the money for the plaintiff. By its certification of the check it lost all power to withhold it from the plaintiff, and was bound to pay it over to it as its sole property on demand. Merchants’ Bank v. State Bank, 10 Wall. (U. S.) 647, 19 L. Ed. 1008.

The order denying the motion for an interpleader should be affirmed, with costs and disbursements.

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