Bank of State of N.Y. v. . South. Nat. Bank
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 19, 1900, affirming a judgment in favor of plaintiffs entered upon a verdict directed by the court and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 19, 1900, affirming a judgment in favor of plaintiffs entered upon a verdict directed by the court and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in directing judgment for more than sixty-six dollars and eleven cents, with interest from February 5, 1896. (Hammond v. Pennock, 61 N. Y. 145; Carr v. N. B. & L. Co., 167 N. Y. 375; Kountze v. Kennedy, 147 N. Y. 24; Rothmiller…
1Opinion of the CourtCullen, J.
Two of the plaintiffs are attachment creditors of the firm of Robinson & Booth, and the third is the sheriff to whom the attachments were issued. Robinson & Booth were depositors in the defendant bank, and the action is brought to recover their deposit at the time the attachments were levied. The controversy between the parties relates to the amount of the deposit. On January 21 the defendant discounted for Robinson & Booth their draft at four months on W. D. Wheelwright & Company for $3,878.76, accepted by said firm, and credited the proceeds to the account of Robinson & Booth. On the fourth…
2Cases cited3 opinions
- Baily v. . HornthalNew York Court of Appeals · 1898
- Ives v. . EllisNew York Court of Appeals · 1901
- Kling v. Irving National BankAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by6 opinions
- Hollingsworth v. RuckmanMontana Supreme Court · 1924
- Divita v. New York Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1935
- Coal & Iron Nat. Bank of New York v. SuzukiCourt of Appeals for the Second Circuit · 1924
- Buttz v. JamesNorth Dakota Supreme Court · 1915
- Hollingsworth v. RuckmanMontana Supreme Court · 1924
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