Anchor Lbr. Corp. v. Manufacturers' Trust Co

In Anchor Lbr. Corp. v. Manufacturers' Trust Co. (242 App Div 656 [2d Dept 1934]), the Appellate Division affirmed a judgment for the plaintiff where an "inquiry was made of the bank as to an account of a customer of the bank." The Court held that "there was a duty, in view of the bank's relations to the public, to speak carefully when the defendant's employee undertook to speak at all. The inquiry of the bank clearly imported a merchant's purpose to rely upon the information, and rely upon it it did to its loss." (Id., at 656.) The rule was not too harsh, the Court reasoned, because "a bank, upon such an inquiry being made, need not answer the inquiry at all or may state to the inquirer, 'Present your check and we will certify it if good.' " (Id., at 656.)