Legal Opinion
City Bank Farmers Trust Co. v. Fitzpatrick Roosen
Appellate Division of the Supreme Court of the State of New York
Decided June 18, 1937PublishedCited by 5 opinions
1Opinion of the CourtCallahan, J.
The plaintiff sued on two causes of action to recover the sums of $5,000 and $500, on the theory that these moneys were given to the defendant as special deposits for the use of the plaintiff, to be repaid on demand.
The complaint, as amended, alleges for the first cause of action that the defendant received from the plaintiff the sum of $5,000 on April 13, 1926, “ to the use of the plaintiff, which sum the defendant promised to pay to the plaintiff on demand.” That demand was made in June, 1932, and no part of said sum has been repaid.
For the second cause of action the complaint alleges that…
2Cases cited5 opinions
- Koehler v. . AdlerNew York Court of Appeals · 1879
- Nay v. . CurleyNew York Court of Appeals · 1889
- Ryan v. . WardNew York Court of Appeals · 1872
- Gildersleeve v. . LandonNew York Court of Appeals · 1878
- Green v. MessingAppellate Division of the Supreme Court of the State of New York · 1932
3Cited by5 opinions
- Shea v. McKeonAppellate Division of the Supreme Court of the State of New York · 1942
- Case Press, Inc. v. Kennai Drilling LimitedAppellate Division of the Supreme Court of the State of New York · 1976
- Stanley v. Estate of WaltersIndiana Court of Appeals · 1970
- In re McNallyAppellate Division of the Supreme Court of the State of New York · 1976
- Pacific Management Corp. v. ToumaniantzAppellate Division of the Supreme Court of the State of New York · 1961