Legal Opinion

Sagendorph v. First National Bank of Philmont

Appellate Division of the Supreme Court of the State of New York

Decided November 11, 1926PublishedCited by 14 opinions

1Opinion of the CourtVan Kirk, J.

The plaintiff was the lessee of a certain safe deposit box in defendant’s banldng house and had therein certain valuable securities belonging to him on the night of March 22, 1922, when burglars broke into the bank and carried away the securities; these have not been recovered. The relation between the parties was that of bailor and bailee. ' Duties of defendant, its failure to perform them and the consequent loss of plaintiff’s property are alleged. We think a cause of action is alleged in the complaint. (See Coons v. First National Bank of Philmont, 218 App. Div. 283.) The motion to dismiss…

2Cases cited2 opinions

  1. Sturm v. BokerSupreme Court of the United States · 1893
  2. Coons v. First National Bank of PhilmontAppellate Division of the Supreme Court of the State of New York · 1926

3Cited by14 opinions

  1. Klar v. H. & M. Parcel Room, Inc.Appellate Division of the Supreme Court of the State of New York · 1946
  2. Pecoraro v. M&T Bank Corp.Appellate Division of the Supreme Court of the State of New York · 2004
  3. Radelman v. Manufacturers Hanover Trust Co.Appellate Terms of the Supreme Court of New York · 1969
  4. Goldbaum v. Bank Leumi Trust Co. of New YorkDistrict Court, S.D. New York · 1982
  5. Van Dyke Productions, Inc. v. Eastman Kodak Co.Appellate Division of the Supreme Court of the State of New York · 1962

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