28 Misc. 188 | N.Y. App. Term. | 1899
On April 19, 1897, the plaintiff received from one Eli Smith the latter’s check upon the defendant. The plaintiff kept the check until notified by the drawer, on Saturday, April 24th, to present it. On that day he deposited it with the Hinth Rational Bank, from which it reached the defendant through the clearing-house between 1 and half-past 1 on April 26 th. It was not paid because, as claimed by the defendant, there was served upon it before that hour, namely, between 12 and 1 o’clock, an affidavit and order for its examination as a third party in the action of Edith Hicks against said Eli Smith, and forbidding the transfer or other disposition of any property belonging to the judgment debtor. Later on, the balance standing to the credit of Smith was paid over by the defendant to a receiver appointed in proceedings supplementary to execution. The check from Smith to the plaintiff was returned with others drawn by Smith to the clearing-house by the defendant bank that afternoon. This action
The judgment should be affirmed, with costs.
Freedman, P. J., and Leventritt, J., concur.
Judgment affirmed, with costs.