Delahunty v. Central National Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John Delahunty, as receiver of William Campbell and Samuel S. Stewart, as copartners, doing business under the name, style and firm of William Campbell & Company, 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 31st day of May, 1898, upon the dismissal of his complaint by direction of the court after a trial at the New York Trial Term.
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Appeal by the plaintiff, John Delahunty, as receiver of William Campbell and Samuel S. Stewart, as copartners, doing business under the name, style and firm of William Campbell & Company, 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 31st day of May, 1898, upon the dismissal of his complaint by direction of the court after a trial at the New York Trial Term. The plaintiff, as receiver, sued to recover a balance of account in favor of the firm of William Campbell & Co., who were depositors with the defendant.…
1Opinion of the Court
O’Brien, J.:
It must be regarded as settled that as to moneys deposited in a bank, before the same can be recovered in a suit, it is a condition *436precedent that a demand should be' made therefor. This flows from the relation between a depositor and the bank, and from the promise which the law implies that the deposit will be returned after demand. The contract, therefore, is that the bank is entitled to retain the deposit until some suitable request is made for its. return. The authorities are far from uniform as to the precise nature of the demand, some using the expression that a demand in…
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- Tat Ba v. Chase Manhattan Bank, N.A.District Court, S.D. New York · 1984
- Lewine v. National City BankAppellate Division of the Supreme Court of the State of New York · 1927
- United States v. Guaranty Trust Co. of New YorkCourt of Appeals for the Second Circuit · 1938
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