American Defense Society, Inc. v. Sherman National Bank
New York Court of Appeals
Appeal from a judgment entered February 13, 1917, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict directed by the court and directing judgment in favor of plaintiff.. • The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment entered February 13, 1917, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict directed by the court and directing judgment in favor of plaintiff.. • The nature of the action and the facts, so far as material, are stated in the opinion. If the plaintiff is to recover on the basis of estoppel, it must establish that it has been damaged and the extent of the damage and is entitled to no recovery in excess' of the actual damage; as no damage has been proved, the…
1Opinion of the CourtCrane, J.
The American Defense Society, Inc., was a domestic membership corporation having an office at 303 Fifth avenue in the borough of Manhattan, city of New York.
George F. Sweeney was its executive secretary, Clarence S. Thompson was ■ chairman of its board of trustees and George Baxter was financial secretary or employed for the purpose of raising money to carry on the work of the society.
The Sherman National Bank was a national banking ’corporation in the city of New York in which the plaintiff had on deposit quite a sum of money. In January of 1916 the society drew three checks upon this fund…
2Cases cited1 opinion
- Fowler v. . Bowery Savings BankNew York Court of Appeals · 1889
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- Chase Nat. Bank of City of New York v. BattatNew York Court of Appeals · 1948
- Cicci v. Lincoln National Bank & Trust Co.Syracuse City Court · 1965
- Hughes v. Marine Midland Bank, N. A.Rochester City Court · 1985
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