Gammond v. Bowery Savings Bank
New York Court of Common Pleas
Appeal from city court, general term. An action by Sarah B. Gammond against the Bowery Savings Bank, brought in the city court of New York, to recover money deposited with defendant by Michael Galliger, who assigned it to plaintiff, together with the pass-book. The defense was a non-compliance with certain rules contained in the passbook. There was a judgment for plaintiff, which was affirmed at general term. Defendant appeals. For opinion of city court, see 7"FT.
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Appeal from city court, general term. An action by Sarah B. Gammond against the Bowery Savings Bank, brought in the city court of New York, to recover money deposited with defendant by Michael Galliger, who assigned it to plaintiff, together with the pass-book. The defense was a non-compliance with certain rules contained in the passbook. There was a judgment for plaintiff, which was affirmed at general term. Defendant appeals. For opinion of city court, see 7"FT. Y. Supp. 321. For order granting leave to appeal to court of appeals, see post, 958.
1Opinion of the CourtBookstaver, J.
The original action was tried by Judge Ehrlich, at a "trial term of the city court, with a jury; but, after the testimony was all in, the parties consented to the discharge of the jury, and the case was submitted to the judge, to be determined on both the law and the facts, and a verdict ■directed as if the jury were present. There was little or no contradiction in the testimony. From that it appears that on or about the 2d of September, 1875, one Michael Galliger opened an account with the defendant, and received thereof a pass-book in the usual form. Thereafter Galliger withdrew from…
2Cases cited1 opinion
- Walsh v. Bowery Savings BankNew York Court of Common Pleas · 1889