Hall Approved Free Access to American Case Law
Appellate Terms of the Supreme Court of New York, 1957

Manufacturers Trust Co. v. Diamond

Manufacturers Trust Co. v. Diamond
Appellate Terms of the Supreme Court of New York · Decided November 21, 1957
10 Misc. 2d 142; 169 N.Y.S.2d 941; 1957 N.Y. Misc. LEXIS 2136

Counsel

Harry A. Roth, for appellant., Robert S. Carlson for respondent.

Manufacturers Trust Co. v. Diamond

Opinion of the Court

Per Curiam.

Where the holder of a check presents it at the bank at which it is payable, receives the money, and surrenders the paper, the transaction is completed and cannot be rescinded except for fraud or mutual mistake (Oddie v. National City Bank, 45 N. Y. 735; Bankers Trust Co. v. Wells, 215 App. Div. 343).

The judgment and order should be reversed, with $10 costs, and motion denied.

Aurelio and Tilzer, JJ., concur; Hofstadter, J., concurs in result.

Judgment and order reversed, etc.

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