Peerrot v. Mount Morris Bank
Appellate Division of the Supreme Court of the State of New York
Appeal .by the plaintiff, Eugene Peerrot, from an interlocutory-judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of tile county Of New York on. the 8th day of January, 1907, upon the-decision of the court, rendered after a trial at the New York Special Term, overriding the. plaintiff’s demurrer to the separate defenses to the first and second causes-of action set forth in the complaint. '
1Opinion of the Court
Laughlin, J.:
The plaintiff had an account with the defendant. The complaint contains two counts. The first is to recover the sum of $843.09, paid by- the defendant to' an employee of the plaintiff On a check drawn by one Budolph Oelsner upon the National Shoe and Leather Bank, which plaintiff alleges was indorsed by him “for the purpose of depositing said check to the credit of ” his account, but which the defendant wrongfully and negligently paid in cash,to One Murmann, -Iiis messenger. And the second is to recover the-sum of $2,174.25, the amount of-a check drawn by the same party upon the…
2Cited by4 opinions
- Brambir v. Cunard White Star LimitedDistrict Court, S.D. New York · 1940
- Broadway Boxing Club, Inc. v. Bushwick National BankNew York Supreme Court · 1926
- Maher v. PotterNew York Supreme Court · 1908
- Weiss v. WeissAppellate Terms of the Supreme Court of New York · 1912