Legal Opinion

Howard v. Bank of Metropolis

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

Decided July 1, 1904PublishedCited by 3 opinions

Appeal by the plaintiff, Robert S. Howard, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 23d day of February, 1904, upon the dismissal of the complaint by direction of the court'after a trial at the New York Trial Term.

1Opinion of the Court

Ingraham, J.:

The plaintiff, being on or about January 14, 1898, the owner of a promissory note made by one Starbird and indorsed by Ira Van Gieson, due April 5, 1898, delivered it to the defendant, with whom he had an account, for collection. There were deposited with this note certain certificates of stock which were held as collateral and which the plaintiff directed the defendant to return to the maker upon payment of the note. When the plaintiff delivered this note to the collection clerk of the defendant he handed to him á card having upon it, “ Dr. Ira Van Gieson, # 1 Madison Ave.,…

2Cases cited2 opinions

  1. First National Bank v. Fourth National BankNew York Court of Appeals · 1879
  2. S. & M. Allen v. Suydam & BoydNew York Supreme Court · 1838

3Cited by3 opinions

  1. Stark v. Public National BankAppellate Terms of the Supreme Court of New York · 1924
  2. Hoffower v. Pennsylvania Exchange BankAppellate Division of the Supreme Court of the State of New York · 1962
  3. Howard v. Bank of MetropolisAppellate Division of the Supreme Court of the State of New York · 1906

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