Seymour v. Dunham
New York Supreme Court
Controversy submitted upon an agreed statement of facts under section 1279 of the Code of Civil Procedure. Orlow J. Pratt, on tbe 2d day of June, 1880, was and for five yearn nad been a private banker, doing business at Whitney’s Point, Broome County, N. Y. On that day he made an assignment for the benefit of creditors to the plaintiffs.
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Controversy submitted upon an agreed statement of facts under section 1279 of the Code of Civil Procedure. Orlow J. Pratt, on tbe 2d day of June, 1880, was and for five yearn nad been a private banker, doing business at Whitney’s Point, Broome County, N. Y. On that day he made an assignment for the benefit of creditors to the plaintiffs. At that date he held the note in question on which there was due August 5, 1880, $611.68. On the 2d day of April, 1880, defendant deposited with Pratt, at his banking house, $600, and took a certificate of deposit therefor. No part of the deposit has been…
1DissentBockes, J.
The defendant’s note was dated November 21, 1879, and was payable sixty days after date. It fell due, therefore, January twentieth — twenty-third next following its date. The assignment to the plaintiffs, which carried title to the note to them, was made June 2, 1880. On the second day of April last preceding, the defendant deposited with the plaintiffs’ assignor, who was doing business as a private banker under the name and style of O. J. Pratt, banker,- $600, and took therefor a certificate of deposit, as follows:
“Banking-house oe O. J. Pratt, )
“ $600. Whitney’s Point, N. Y., April 2, 1880.…
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- Smith v. . FeltonNew York Court of Appeals · 1871
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