Griffen v. Mechanics & Traders' Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Daniel M. Grillen and Sarah E. Griffen, executors, etc., of Joseph O. Grillen, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office; of the clerk of the county of Westchester on the 20th day of November, 1900, upon the report of a referee dismissing the complaint upom the merits.
1Opinion of the Court
Woodward, J.:
The plaintiffs in this action are the executor and executrix of Joseph O. Grillen, deceased, who claim that the defendant, a New York State banking institution, has converted to its own use certain, bonds left in its custody and which were the property of the plaintiffs. The issues joined by the pleadings were sent to' a referee to hear, try and determine, resulting in the dismissal of the complaint upon the merits. As the entire theory of the appellants is based upon the proposition that the action of the referee in dismissing the complaint constituted a nonsuit rather than a…
2Cases cited4 opinions
- Place v. . HaywardNew York Court of Appeals · 1889
- Neuberger v. . KeimNew York Court of Appeals · 1892
- Bliven v. . RobinsonNew York Court of Appeals · 1897
- Woodbridge v. First National BankNew York Court of Appeals · 1901
3Cited by3 opinions
- McNulty Bros. v. OffermanAppellate Division of the Supreme Court of the State of New York · 1910
- Beutenmiller v. West End Tavern, Inc.Appellate Division of the Supreme Court of the State of New York · 1955
- Ten Eyck v. LombardNew York Supreme Court · 1937