Columbia Bank v. Gospel Tabernacle Church
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made June 28, 1889, which affirmed a judgment in favor of defendant entered upon the report of a referee.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made June 28, 1889, which affirmed a judgment in favor of defendant entered upon the report of a referee. The cause of action stated in the complaint herein is substantially that the defendant, a religious corporation, was a depositor in plaintiff bank and kept an account therein from which it drew out and deposited moneys arising from receipts of money by defendant and proceeds of discounts for defendant, and that the defendant drew out an excess of $3,428.25 over its deposits, and…
1Opinion of the CourtPotter, J.
The plaintiff claims the right to treat the case as a question of law simply arising upon a judgment of non-suit and that as there was some evidence of plaintiff’s claim, it would have had the right to go to a jury or in the absence of a jury to have the court or referee pass upon such evidence.
The answer is that the plaintiff by proposing and requesting findings, consented to and did in fact treat the case as one where the whole evidence was to be passed upon and which was in fact passed upon and findings made for plaintiff as well as defendant and so the referee properly dismissed the case…
2Cases cited4 opinions
- People's Bank v. St. Anthony's Roman Catholic ChurchNew York Court of Appeals · 1888
- Roe v. . BoyleNew York Court of Appeals · 1880
- Scofield v. . HernandezNew York Court of Appeals · 1872
- Van Derlip v. . KeyserNew York Court of Appeals · 1877
3Cited by12 opinions
- In re Jefferson Gasket Co.District Court, N.D. New York · 1910
- Caruso v. Metropolitan 5 to 50 Cent StoreAppellate Division of the Supreme Court of the State of New York · 1925
- Gould v. W. J. Gould & Co.Michigan Supreme Court · 1903
- St. Vincent College v. HallettCourt of Appeals for the Seventh Circuit · 1912
- Horbal v. St. John's Greek Catholic ChurchMichigan Supreme Court · 1932
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