First National Bank v. Ocean National Bank
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of New York, affirming a judgment in favor of plaintiff entered upon a verdict, and affirming an order denying a motion for a new trial. This action was brought to recover the valué of certain United States bonds alleged to have been delivered by plain: tiff to defendant for safe keeping, and to have been lost through the negligence of the latter.
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Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of New York, affirming a judgment in favor of plaintiff entered upon a verdict, and affirming an order denying a motion for a new trial. This action was brought to recover the valué of certain United States bonds alleged to have been delivered by plain: tiff to defendant for safe keeping, and to have been lost through the negligence of the latter. Both parties were banking corporations organized under “ the national currency act,” so called, of 1864. Plaintiff was located and doing business at Lyons,…
1Opinion of the CourtAllen, J.
The point was distinctly made at the close of the plaintiff’s evidence, and renewed at the close of the trial, that there was no evidence that the corporation defendant had made any contract of bailment with the plaintiff, or assumed any obligation as bailee of the plaintiff’s property, *284and that there was no evidence that the officers of the corporation had power, or authority to make in behalf of the corporation any contract of bailment, or assume any liability as a custodian and bailee of the securities of the plaintiff under the circumstances. This is entirely distinct from the very…
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