Tradesmen's National Bank v. National Surety Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered Hovember 5, 1900, affirming a judgment in favor of defendant entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. Appellant is entitled to a reversal of the judgment as there was evidence supporting its cause of action.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered Hovember 5, 1900, affirming a judgment in favor of defendant entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. Appellant is entitled to a reversal of the judgment as there was evidence supporting its cause of action. (Ware v. Dos Passos, 162 N. Y. 281; Scofield v. Hernandez, 47 N. Y. 313; Place v. Hayward, 117 N. Y. 487; McNally v. P. Ins. Co., 137 N. Y. 394; Pratt v. D. H. & M. F. Ins. Co., 137 N. Y. 212;…
1Opinion of the Court
Parker, Ch. J.
This action was brought by plaintiffs, as assignee of the Clinton Bank, to recover of defendant, upon a bond in which Abraham Goldstein was principal, the sum of $12,010 claimed to have been advanced to or paid for the account of said Goldstein by the Clinton Bank. For some months prior to the execution of the bond, which bears date December 9th, 1897, Goldstein was accustomed to purchase flour in the west, which was sent to Yew York in the name of the shipper, drafts for the purchase price being drawn by the shipper directly to' Goldstein and forwarded, with bills of lading…
2Cases cited2 opinions
- Smith v. . MollesonNew York Court of Appeals · 1896
- Page v. . KrekeyNew York Court of Appeals · 1893
3Cited by5 opinions
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- Duport v. First National BankAppellate Division of the Supreme Court of the State of New York · 1941
- Lincoln v. United StatesUnited States Court of Claims · 1915
- National Acceptance Co. v. Royal Indemnity Co.Court of Appeals of Tennessee · 1929
- New Jersey Ins. Co. v. AndersonCourt of Appeals of Texas · 1936