Legal Opinion

Newburger v. State Bank

City of New York Municipal Court

Decided December 15, 1910PublishedCited by 1 opinion

Motions by both parties for the direction of a verdict.

1Opinion of the CourtSchmuck, J.

Mo evidence being introduced by the defendant, the motions for a direction made by each of the litigants will depend upon the value of the testimony adduced by the plaintiff. That testimony indicates that the plaintiff, who was a depositor of the defendant, was entitled to a credit of $550, and that the defendant had not repaid the same. Resting on that evidence, the defendant demanded a direction in its favor. Likewise assured by the testimony, the plaintiff asserted a right to a direction in her favor. The determination of these conflicting claims requires consideration of the question…

2Cases cited6 opinions

  1. Conkling v. . WeatherwaxNew York Court of Appeals · 1905
  2. Cochran v. ReichNew York Supreme Court · 1895
  3. Hicks-Alixanian v. WaltonAppellate Division of the Supreme Court of the State of New York · 1897
  4. Wasserstrom v. Public BankAppellate Terms of the Supreme Court of New York · 1910
  5. Dose v. Hirsch Bros.City of New York Municipal Court · 1910

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3Cited by1 opinion

  1. Eads v. Commercial National BankArizona Supreme Court · 1928

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