MFRS. TRUST CO. v. DIAMOND


10 Misc.2d 142 (1957)

Manufacturers Trust Company, Respondent, v. Arthur Diamond, Appellant.

Supreme Court, Appellate Term, First Department.

November 21, 1957.


Attorney(s) appearing for the Case

Harry A. Roth for appellant.

Robert S. Carlson for respondent.

AURELIO and TILZER, JJ., concur; HOFSTADTER, J., concurs in result.


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bank at which it is payable, receives the money, and surrenders the paper, the transaction is completed and cannot be rescinded except for fraud or mutual mistake (Oddie v. National City Bank, 45 N.Y. 735; Bankers Trust Co. v. Wells, 215 App.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

Judgment and order...

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