Nelson v. Citizens Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John M. Nelson, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 3d day of March, 1919, upon the verdict of a jury rendered by direction of the court, both parties having moved for the direction of a verdict, and also from an order entered in said clerk’s office on the 21st day of February, 1919, denying plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Laughlin, J.:
The single point presented by the appeal is whether three certificates of deposit issued by the defendant were negotiable instruments. On the 3d day of October, 1915, and the 4th day of January, 1916, agreements in writing were made between the defendant, a bank, at Lexington, Ky., and the Partin Manufacturing Company (which for the sake of brevity will be referred to as the Company) of Memphis, Tenn., by which the bank agreed to deliver to the Company certificates of deposit. By the first agreement the bank contracted to issue to the Company certificates of deposit to be used by…
2Cases cited5 opinions
- Pardee v. . FishNew York Court of Appeals · 1875
- Zander v. New York Security & Trust Co.New York Court of Appeals · 1904
- Brainerd v. . New York and Harlem Railroad CompanyNew York Court of Appeals · 1862
- Barnes v. . Ontario BankNew York Court of Appeals · 1859
- National Bank of Fort Edward v. Washington County National BankNew York Court of Appeals · 1878
3Cited by4 opinions
- State Bank v. Central Mercantile BankNew York Court of Appeals · 1928
- President of the Manhattan Co. v. MorganNew York Court of Appeals · 1926
- Gerard v. Bank of New York & Trust Co.New York Court of Appeals · 1934
- State Bank v. Central Mercantile BankAppellate Division of the Supreme Court of the State of New York · 1928