Hankowska v. Buffalo Savings Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Buffalo Savings Bank, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 4th day of December, 1912, upon the decision of the court, rendered after a trial at the Erie Special Term, affirming a judgment of the City Court of Buffalo, and also from an order bearing date the 2d day of December, 1912, and entered in said clerk’s office, directing the affirmance of the…
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Appeal by the defendant, the Buffalo Savings Bank, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 4th day of December, 1912, upon the decision of the court, rendered after a trial at the Erie Special Term, affirming a judgment of the City Court of Buffalo, and also from an order bearing date the 2d day of December, 1912, and entered in said clerk’s office, directing the affirmance of the judgment of the City Court.
1Dissent
Lambert, J. (dissenting):
I dissent. The action is brought to recover a deposit made by respondent in the defendant bank. The action has been tried three times and three verdicts have been rendered for the *697plaintiff. The judgment in the respondent’s favor, upon the first trial, was affirmed by the Special Term, and was reversed by this court for error in the admission of evidence, but without opinion. (149 App. Div. 929.) The second judgment was set aside by the Special Term as being against the weight of the evidence. The judgment upon the third trial has been affirmed by the Special Term,…
2Cases cited2 opinions
- Banker v. . BankerNew York Court of Appeals · 1875
- Sticht v. . Buffalo Cereal Co.New York Court of Appeals · 1909