Lifschutz v. Public Bank
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Second District. Action by Leopold A. Lifschutz against- the Public Bank of New York City. From a judgment in favor of the plaintiff after a trial by the judge without a jury, defendant appeals. Affirmed.
1Opinion of the Court
PFR CURIAM.
[1] Plaintiff is suing defendant for failure to pay out the balance of his account. The entire controversy involved the question whether plaintiff had made a certain deposit of $100.
After plaintiff rested, defendant moved to dismiss on the ground that no demand had been proved, although that fact was alleged and denied respectively. In the absence of such proof, it would, of course, be unjust to hold the defendant for the costs of the action. Wasserstrom v. Public Bank, 123 N. Y. Supp. 55.
[2] In the first place, however, the course of plaintiffs proof sufficiently shows that a…
2Cases cited2 opinions
- Delahunty v. Central National BankAppellate Division of the Supreme Court of the State of New York · 1899
- Wasserstrom v. Public BankAppellate Terms of the Supreme Court of New York · 1910