Powell v. Freeport Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, First National Bank of Freeport, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Nassau on the 11th day of December, 1920, upon the verdict of a jury; also from an order entered in said clerk’s office on the same day denying said defendant’s motion for a new trial made upon the minutes, and also from a judgment of the Supreme Court in favor of the defendant Freeport Bank of…
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Appeal by the defendant, First National Bank of Freeport, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Nassau on the 11th day of December, 1920, upon the verdict of a jury; also from an order entered in said clerk’s office on the same day denying said defendant’s motion for a new trial made upon the minutes, and also from a judgment of the Supreme Court in favor of the defendant Freeport Bank of Freeport, New York, entered in said clerk’s office on the 23d day of December, 1920, upon the dismissal of the complaint by…
1Opinion of the Court
Blackmar, P. J.:
On the 1st day of September, 1916, James M. Seaman, the executor of the estate of Mary Powell, deceased, had an account with defendant the Freeport Bank of Freeport, in which were deposited the funds belonging to the estate. At the same time he had his own personal account with the appellant bank. On that date the money to his credit in the appellant bank was $509.33, and the appellant bank held his note for $2,500 and interest, due on or about that date. Upon the same date he drew, as executor, his check upon the Freeport Bank of Freeport to the order of “ Cash,” and received…
2Cases cited5 opinions
- Bischoff v. . Yorkville BankNew York Court of Appeals · 1916
- Van Alen v. . American National BankNew York Court of Appeals · 1873
- Squire v. . OrdemannNew York Court of Appeals · 1909
- Cohnfeld v. . TanenbaumNew York Court of Appeals · 1903
- Manhattan Savings Institution v. New York National Exchange BankNew York Court of Appeals · 1902
3Cited by5 opinions
- In re the Estate of RothkoNew York Surrogate's Court · 1975
- In re the Judicial Settlement of Account of SeamanAppellate Division of the Supreme Court of the State of New York · 1923
- Emile v. BrightDistrict Court of Appeal of Florida · 1967
- In re the Estate of GauthierNew York Surrogate's Court · 1932
- Ward v. Newburgh Savings BankAppellate Division of the Supreme Court of the State of New York · 1945