Coats v. . Donnell
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made December 24, 1881, which affirmed a judgment in favor of defendant, entered 'upon the report of a referee.
Read the full summary
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made December 24, 1881, which affirmed a judgment in favor of defendant, entered 'upon the report of a referee. (Reported below, 16 J. & S. 46.) This action was brought by plaintiff, as assignee of the Mastín Bank of Kansas City, Missouri, to recover an alleged balance to its credit at the time of the assignment of a deposit account with the firm of Donne], Lawson & Co., of which firm defendants are the individual members. The material facts are stated in the opinion. An agreement…
1Opinion of the CourtAndrews, J.
The right of the plaintiff to maintain this action, so far as respects the sum of $34,833.49 of the deposit standing to the credit of the Mastín Bank of Kansas City, Missouri, on the books of Donnell, LaAvson & Co., on the morning of August 3, 1878, depends upon the force and validity of an oral agreement of June 10, 1878, made in the city of Noav York betw'een John J. Mastín as cashier of the bank, and Donnell, LaAvson & Co., taken in connection Avith the subsequent appropriation by Donnell, LaAvson & Co., in execution of that agreement, and Avith the consent of the cashier, of sufficient of…
2Cases cited7 opinions
- Curtis and Others v. . LeavittNew York Court of Appeals · 1857
- Hale v. . Omaha National BankNew York Court of Appeals · 1872
- Wilkes & Fontaine v. FerrisNew York Supreme Court · 1810
- Wisner v. . OcumpaughNew York Court of Appeals · 1877
- Dana v. Bank of the United StatesSupreme Court of Pennsylvania · 1843
2 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Benedict v. RatnerSupreme Court of the United States · 1925
- Rochester Distilling Co. v. RaseyNew York Court of Appeals · 1894
- Vanderpoel v. . GormanNew York Court of Appeals · 1894
- National Bank of Deposit v. . RogersNew York Court of Appeals · 1901
- Deeley v. . DwightNew York Court of Appeals · 1892
39 more not listed; retrieve them via the Exa API.