Legal Opinion

Crosby v. Bank of Niagara

New York Supreme Court

Decided August 15, 1915PublishedCited by 2 opinions

Action by William H. Crosby, as receiver of the Niagara Chocolate Company, against the Bank of Niagara. On demurrer to answer in action to recover money. Overruled.

1Opinion of the CourtBrown, J.

The complaint alleges that the plaintiff was on March 18, 1915, duly appointed receiver of the Niagara Chocolate Company, at which time the Chocolate Company had on deposit with the defendant the sum of $2,348.18; and that the plaintiff on April 27, 1915, duly demanded said moneys, and defendant refused to pay the same, and demands judgment for such sum. The answer alleges that ever since September, 1914, the defendant was the owner and holder of a promissory note for $10,000, made by the Chocolate Company, payable to the defendant on demand; that on March 19, 1915, there was due and unpaid…

2Cases cited10 opinions

  1. National Bank v. Insurance Co.Supreme Court of the United States · 1881
  2. Jordan v. . National Shoe and Leather BankNew York Court of Appeals · 1878
  3. Wheeler v. . WarnerNew York Court of Appeals · 1872
  4. De Lavallette v. . WendtNew York Court of Appeals · 1879
  5. First National Bank v. . StoryNew York Court of Appeals · 1911

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3Cited by2 opinions

  1. Federal Trust Co. v. ConklinNew Jersey Court of Chancery · 1916
  2. Block v. AmsdenNew York Supreme Court · 1919

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