Viets v. . Union National Bank of Troy
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made February 4, 1884, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. (Reported below, 31'Hun, 484.) This action was brought to recovera balance alleged to be due plaintiff on his deposit account with the defendant. The material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made February 4, 1884, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. (Reported below, 31'Hun, 484.) This action was brought to recovera balance alleged to be due plaintiff on his deposit account with the defendant. The material facts are stated in the opinion. The bank, upon receiving the deposit, became debtor ostensibly to the depositor, but equitably to the real owner, and upon proper demand was liable to…
1Opinion of the CourtMiller, J.
The controversy in this action arises in reference to certain moneys belonging to one John Banker, deceased, which were deposited with the defendant to the credit of the plaintiff. Previous to this time Banker was the owner of a bond and mortgage of about $6,000, on a farm formerly belonging to him upon the sale of which the mortgage was executed. This mortgage he sold and received a check for the amount of the sale. On the 19th of February 1869, the plaintiff at Banker’s request took his check to the bank, and had it cashed and from-the proceeds paid an overdue note, upon which Banker was…
2Cases cited1 opinion
- Van Alen v. . American National BankNew York Court of Appeals · 1873
3Cited by24 opinions
- O'Connor v. Mechanics' BankNew York Court of Appeals · 1891
- Citizens' National Bank of Davenport v. Importers & Traders' BankNew York Court of Appeals · 1890
- Bullmaster v. City of St. JosephMissouri Court of Appeals · 1897
- In re the Estate of RasmussenNew York Surrogate's Court · 1933
- In re the Estate of WainmanNew York Supreme Court · 1923
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