Legal Opinion

Cornell v. Emigrant Industrial Savings Bank

New York Supreme Court

Decided May 13, 1887Published

Appeal from judgment entered on verdict and from order denying motion for new trial.

1Opinion of the CourtBrady, J.

This action was brought to recover the sum of $225, the balance of moneys deposited with the defendant’s bank, and remaining to her credit on the 18th of November, 1885. The defense interposed was payment and it was asserted on behalf of the defendant that on the 28th of June, 1886, a woman appeared at their bank with the plaintiffs pass-book and requested the paying teller, to whom she presented the book, to make out a draft for her to sign for the amount named. The teller made out the draft, and after it was signed, the amount of it was paid. The plaintiff upon the same day called at the…

2Cases cited2 opinions

  1. Allen v. . Williamsburgh Savings BankNew York Court of Appeals · 1877
  2. Israel v. Bowery Savings BankNew York Court of Common Pleas · 1881

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