Morris v. First National Bank of New York
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. This action was brought by plaintiff, as the assignee in bankruptcy of William A. Woodbridge and Stephen M. Jewell, to recover a balance of deposits to their credit in defendant’s bank at the time of the presentation of the petition in bankruptcy.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. This action was brought by plaintiff, as the assignee in bankruptcy of William A. Woodbridge and Stephen M. Jewell, to recover a balance of deposits to their credit in defendant’s bank at the time of the presentation of the petition in bankruptcy. The facts sufficiently appear in the opinion. The injunction placed upon defendant by the Supremo Court was not dissolved by the proceedings in…
1Opinion of the CourtEarl, J.
On the 5th day of July, 1873, Woodbridge & Jewell had to their credit a balance in the defendant’s bank, and on that day they filed their petition in bankruptcy to be declared bankrupts and discharged from their debts. On the ninth day of July they were adjudged bankrupts, and October first, the plaintiff was appointed the assignee of the estate of the bankrupts and an assignment was duly executed to him. Thereafter plaintiff demanded of the defendant the aforesaid balance and it declined to pay. It is not questioned that plaintiff’s right of recovery is complete but for facts now to be…
2Cited by3 opinions
- Eckert v. TrumanAppellate Division of the Supreme Court of the State of New York · 1914
- Cromwell v. GallupNew York Supreme Court · 1879
- Fowler v. ButterlyThe Superior Court of New York City · 1878