Mulcahy v. Devlin
New York Court of Common Pleas
Appeal from a judgment of the General Term of the Marine Court of the city of New York, affirming a judgment of that court overruling a demurrer to a complaint.
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Appeal from a judgment of the General Term of the Marine Court of the city of New York, affirming a judgment of that court overruling a demurrer to a complaint. The complaint alleged that about the month of October, 1377, plaintiff was the owner and possessor of the sum of five hundred dollars on deposit at the Church of Alphonse in the city of New York, and that the said moneys did continue on deposit with the aforesaid institution until about the day of September, 1882; that about the last mentioned date defendants, without the knowledge and consent of plaintiff, did take and withdraw the…
1Opinion of the CourtJ. F. Daly, J.
The defendant argues that defendants are not liable for drawing the moneys deposited by the plaintiff, because such moneys were not her property, but became by the deposit the property of the depositee, who became indebted to her therefor, and whatever moneys defendants drew from the depositee were the moneys of the latter and not of the plaintiff. The case of Butterworth v. Gould (41 N. Y. 450), is cited as in point. In that case there were two claimants of money due from the government on contract; one claimant was paid after notice to the government of the other’s claim. It was held that…
2Cases cited4 opinions
- Patrick v. . MetcalfNew York Court of Appeals · 1867
- Butterworth v. . GouldNew York Court of Appeals · 1869
- Fisher v. . GouldNew York Court of Appeals · 1880
- Fisher v. GouldNew York Court of Common Pleas · 1879
3Cited by1 opinion
- Gregory v. FichtnerNew York Court of Common Pleas · 1891