Brooks v. . People's Bank
New York Court of Appeals
Appeal from a judgment entered July 20, 1920, upon an order of the Appellate Division of the Supreme Court in the first judicial department reversing a judgment in favor of plaintiffs entered upon a verdict and directing a dismissal of the complaint.
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Appeal from a judgment entered July 20, 1920, upon an order of the Appellate Division of the Supreme Court in the first judicial department reversing a judgment in favor of plaintiffs entered upon a verdict and directing a dismissal of the complaint. Appellants not only established their case by sufficient testimony, by the letter and telegrams concededly sent by defendant’s cashier, but their evidence was of such a character that it created an estoppel against respondent, since the jury found, by its verdict, that appellants relied upon said statements and acted upon them. (1 Greenl. on Ev.…
1Opinion of the CourtCrane, J.
Doremus & Co. were copartners having a membership in the New York Cotton Exchange as well as the New York Produce Exchange. The floor member was Louis Brooks of the firm. They maintained an office in Atlanta, Georgia, which was in charge of the partner, Henry K. Stanford. The defendant was a bank authorized and existing under the laws of the state of Georgia doing business at Mansfield in that state. The plaintiffs had done business with it prior to the times involved in this litigation.
On these occasions the bank had notified the plaintiffs by telephone or by wire that deposits had been…
2Cases cited6 opinions
- Chapman v. . ForbesNew York Court of Appeals · 1890
- Roberts v. . ElyNew York Court of Appeals · 1889
- Farmers & Mechanics' Bank v. Butchers & Drovers' BankNew York Court of Appeals · 1857
- Weld v. . Postal Telegraph-Cable Co.New York Court of Appeals · 1910
- Armour v. . Michigan Central R.R. Co.New York Court of Appeals · 1875
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- State Bank v. BacheNew York Supreme Court · 1937
- Liss v. ManuelCivil Court of the City of New York · 1968
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