Ganley v. . Troy City National Bank
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made December 27, 1884, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. This action was brought to recover for the breach of an alleged contract between Margaret Ganley, plaintiff’s intestate and defendant, which, with the material facts, is substantially set forth in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made December 27, 1884, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. This action was brought to recover for the breach of an alleged contract between Margaret Ganley, plaintiff’s intestate and defendant, which, with the material facts, is substantially set forth in the opinion. The contract evidenced by the .receipt of April 3, 1865, was one of bailment. The bank then became a gratuitous bailee, and, therefore,…
1Opinion of the Court
- Earl, J.
On the 3d day of April, 1865, Margaret Ganley, the plaintiff’s intestate, left with the defendant, for safe-keeping, two "United States 7-30 treasury notes of $500 each, and took a receipt therefor, of which the following is a copy:
“ Troy, N. Y., 3d April, 1865.
“ Received this day of Margaret Ganley for safe-keeping for her account two U. S. 7-30 treasury notes, $500 each, Nos. 166, 338 and 9, to be delivered on surrender of this receipt.
“ G. E. SIMS, Cashier.”
These notes by their terms matured August 15, 1866, when they ceased to draw interest, and they were redeemed and paid by…
2Cases cited1 opinion
- Kelsey v. GriswoldNew York Supreme Court · 1849
3Cited by46 opinions
- Lightfoot v. . DavisNew York Court of Appeals · 1910
- Baratta v. KozlowskiAppellate Division of the Supreme Court of the State of New York · 1983
- Gossard v. GossardCourt of Appeals for the Tenth Circuit · 1945
- United States v. Whited & Wheless, Ltd.Supreme Court of the United States · 1918
- Klock v. Lehman Brothers Kuhn Loeb Inc.District Court, S.D. New York · 1984
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