Adams v. Orange County Bank
New York Supreme Court
This was an action of assumpsit, tried at the Oneida circuit, in October, 1836, before the Hon. Hiram Denio, one of the circuit judges. The declarations contained the common money counts. The defendants pleaded the general issue, and the statute of limitations.
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This was an action of assumpsit, tried at the Oneida circuit, in October, 1836, before the Hon. Hiram Denio, one of the circuit judges. The declarations contained the common money counts. The defendants pleaded the general issue, and the statute of limitations. On the 21st of September, 1827, Hinman, the plaintiff's agent, deposited $715 in the Orange County Bank to the credit of the plaintiff, took a certificate of deposit from the bank and forwarded it by mail to the plaintiff at Westmoreland, in the county of Oneida. The plaintiff, who was sworn to prove the loss, testified that the…
1Opinion of the Court
By the Court,
Bronson, J.
Whether there was a sufficient demand of the money deposited before suit brought was properly submitted to the jury, upon conflicting testimony, as a question of fact for their determination.
The defendants attempted to prove that the certificate of deposit had been negotiated by the plaintiff; that the money had in fact been paid by the bank, and that they had unfortunately lost the evidence of the payment. On a careful consideration of the evidence, I think they failed in making out a case for the jury, and that the circuit judge was right in withdrawing that question…
2Cases cited1 opinion
- Stafford v. RichardsonNew York Supreme Court · 1836
3Cited by2 opinions
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