Wareham v. Eagle Savings & Loan Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Eagle Savings and Loan Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 30th day of November, 1917, upon the decision of the court after a trial at the Kings County Special Term. Defendant is a savings and loan association, existing by virtue of the laws of New York, now article 10 of the Banking Law (Consol.
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Appeal by the defendant, Eagle Savings and Loan Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 30th day of November, 1917, upon the decision of the court after a trial at the Kings County Special Term. Defendant is a savings and loan association, existing by virtue of the laws of New York, now article 10 of the Banking Law (Consol. Laws, chap. 2 [Laws of 1914, chap. 369], as amd.). The complaint alleged that on and after June 18, 1907, defendant represented to plaintiff and to others, to induce deposits…
1Dissent
Mills, J. (dissenting):
I find myself unable to agree with the majority opinion written by Mr. Justice Putnam, and feel compelled to dissent therefrom. As it was stated upon the argument that the defendant has many accounts like those of the plaintiff and, therefore, this decision may be of importance as a precedent, and also, as it is claimed in that opinion, in effect, that our decision herein “ follows our prior rulings ” in certain cited cases in which I wrote for the court or a majority thereof, I deem myself warranted in expressing my views herein at some length.
This appeal was argued…
2Cases cited9 opinions
- McNulty v. Mount Morris Electric Light Co.New York Court of Appeals · 1902
- People Ex Rel. Fairchild v. . PrestonNew York Court of Appeals · 1894
- Miller v. Eagle Savings & Loan Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Eagle Savings & Loan Co. v. BeakeyAppellate Division of the Supreme Court of the State of New York · 1914
- Wallis v. Eagle Savings & Loan Co.Appellate Division of the Supreme Court of the State of New York · 1917
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