Marsh v. Oneida Central Bank
New York Supreme Court
THE plaintiff brought his action before a justice of the peace, to recover $75 deposited with the defendant by one Thomas C. Hyland. The defendant alleged that the money was deposited by Hyland in part payment of a note of Hyland held by the bank and past due, and by way of counterclaim set up a judgment recovered in this court against Hyland, upon the note.
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THE plaintiff brought his action before a justice of the peace, to recover $75 deposited with the defendant by one Thomas C. Hyland. The defendant alleged that the money was deposited by Hyland in part payment of a note of Hyland held by the bank and past due, and by way of counterclaim set up a judgment recovered in this court against Hyland, upon the note. The note was for $123.08, and became due in September, 1857, and a judgment was recovered thereon by the present defendant, on the 25th day of December, 1858. The claim for the money deposited was assigned to the plaintiff July 28, 1859,…
1Opinion of the Court
By the Court, Allen, J.
There was some conflict in the evidence touching the deposit, and whether the money was deposited generally to the credit of the depositor 'or as a partial payment of the note of the depositor then past due and held by the defendant'. All the evidence, including that of Hyland, the depositor, I think, clearly shows that the money was specially deposited as a partial payment of the note, although not formally applied, for the reason that the note was not paid in full. If so paid, it could not be withdrawn until the note should be otherwise disposed of. But it is not…
2Cases cited6 opinions
- Commercial Bank v. HughesNew York Supreme Court · 1837
- McGuinty v. HerrickNew York Supreme Court · 1830
- Dykers v. Leather Manufacturers' BankNew York Court of Chancery · 1845
- Ketchum v. . Bank of CommerceNew York Court of Appeals · 1859
- Ketchum v. StevensThe Superior Court of New York City · 1857
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Van Winkle Gin & MacHinery Co. v. Citizens' Bank of BuffaloTexas Supreme Court · 1896
- First Natl. Bank of Schulenburg v. WinklerTexas Supreme Court · 1942
- Grundy County v. Tennessee Coal, etc., Co.Tennessee Supreme Court · 1895
- Shuman v. Citizens State BankNorth Dakota Supreme Court · 1914
- Collins v. StateSupreme Court of Florida · 1894
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