Legal Opinion

Brown v. Deposit National Bank

Appellate Division of the Supreme Court of the State of New York

Decided March 17, 1932PublishedCited by 1 opinion

1Opinion of the CourtHinman, J.

The sole question here is as to the right of setoff upon the facts stated.

There is nothing in the record to indicate any illegal dealings with the bank’s property by the firm of Knapp Brothers, or any of them. *527The finding is that there was a deposit of the bank’s funds with the firm as private bankers in the form of a depositor’s account. There is nothing to indicate any misappropriation of funds by the firm, or that the firm treated this deposit account any differently than it had the other deposit accounts with it. There is nothing to indicate that they held these funds as trustees,…

2Cases cited10 opinions

  1. Murphy v. John Hofman Co.Supreme Court of the United States · 1909
  2. Gerseta Corporation v. Equitable Trust Co.New York Court of Appeals · 1926
  3. Fera v. . WickhamNew York Court of Appeals · 1892
  4. In re Antigo Screen Door Co.Court of Appeals for the Seventh Circuit · 1903
  5. Planten v. National Nassau BankAppellate Division of the Supreme Court of the State of New York · 1916

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3Cited by1 opinion

  1. Silber v. Clarence Rainess & Co.Appellate Division of the Supreme Court of the State of New York · 1970

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