Consolidated Electric Storage Co. v. Atlantic Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Consolidated Electric Storage 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 28th day of April, 1897, upon the decision of the court rendered after a trial at the New York Special Term.
1Opinion of the Court
Ingraham, J.:
This action is brought to recover the balance of a sum of money deposited by the plaintiff with the defendant and which the defendant promised to pay. The acknowledgment of a deposit and promise is contained in a written instrument, dated June 2, 1890, to which the Consolidated Electric Storage Company (the plaintiff) was party of the first part, the Brush Electric Company, party of the second part, and the Atlantic Trust Company (the defendant) party of the third part. The obligations of the various parties to each *174other, under this agreement, are clearly stated. The instrument…
2Cases cited2 opinions
- Avery v. . Equitable Life Assurance SocietyNew York Court of Appeals · 1889
- Moran v. . McLartyNew York Court of Appeals · 1878
3Cited by3 opinions
- Arlt v. WhitlockAppellate Division of the Supreme Court of the State of New York · 1901
- Friedman Marble & Slate Works, Inc. v. WhitcombAppellate Division of the Supreme Court of the State of New York · 1919
- Trenton Potteries Co. v. Title Guarantee & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1902