Bradley v. Seaboard National Bank
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, made January 5, 1900, reversing a judgment in favor of defendant entered upon a decision of the court at a Trial Term without a jury and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Defendant had a right to rely upon the commercial agency statement. (Humphrey v. Smith, 7 App.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, made January 5, 1900, reversing a judgment in favor of defendant entered upon a decision of the court at a Trial Term without a jury and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Defendant had a right to rely upon the commercial agency statement. (Humphrey v. Smith, 7 App. Div. 442; Bliss v. Sickles, 142 N. Y. 647; Goodwin v. Goldsmith, 17 J. & S. 101; King v. Munzer, 59 N. Y. S. R. 518; Tindle v. Birkett, 57 App. Div. 450;…
1Opinion of the CourtLandon, J.
The action is to recover the balance of a deposit in the defendant’s bank to the credit of the firm of Crippen, Lawrence & Co., of Denver, Colorado, September 18, 1893, on which day the firm made an assignment in insolvency. The bank on that date held the firm’s note for $7,500, which would not become due until November following. The defense is that the bank loaned ’the amount of the note to the firm on the credit of its false and fraudulent statement to a mercantile agency as to its assets and liabilities, and, therefore, had the right to disaffirm and cancel the credit and set off the note…
2Cited by8 opinions
- Howard v. Barnstable County National BankMassachusetts Supreme Judicial Court · 1935
- Duncan v. StonehamNew York Court of Appeals · 1930
- Mann v. Franklin Trust Co.Appellate Division of the Supreme Court of the State of New York · 1913
- People v. FinkelsteinAppellate Court of Illinois · 1939
- Goldsmith v. SternAppellate Terms of the Supreme Court of New York · 1903
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