Shattuck v. . Guardian Trust Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division -of the Supreme Court in the first judicial department, entered July 19, 1911, affirming a judgment in favor of plaintiff for an amount for which offer of judgment had been made, entered upon a- decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. Hotchkiss for appellant.
Read the full summary
Appeal from a judgment of the Appellate Division -of the Supreme Court in the first judicial department, entered July 19, 1911, affirming a judgment in favor of plaintiff for an amount for which offer of judgment had been made, entered upon a- decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. Hotchkiss for appellant. The defendant’s claim made1 at the trial that it was relieved of liability by reason of the provisions of section 326 of the Negotiable Instruments Law was one that must be pleaded as an…
1Opinion of the CourtWerner, J.
This action was brought to recover from the Guardian Trust Company of New York the amount of a certain deposit made with it in the name of the New York Investment and Improvement Company by the president of the latter. For brevity we shall refer to the corporation represented by the plaintiff as the investment company, and to the defendant as the bank.
The complaint is in the usual form. After setting forth the corporate character of the investment company and the bank, and the appointment and qualification of the plaintiff as receiver of the former, it states that on or about the 16th day of…
2Cases cited2 opinions
- Casco National Bank of Portland v. ClarkNew York Court of Appeals · 1893
- Shaw v. . TobiasNew York Court of Appeals · 1849
3Cited by15 opinions
- Union City Housing Authority v. Commonwealth Trust Co.Supreme Court of New Jersey · 1957
- Edgerly v. SchuylerDistrict Court of Appeal of Florida · 1959
- Brunswick Corp. v. Northwestern National Bank & Trust Co.Supreme Court of Minnesota · 1943
- Maryland Casualty Co. v. Central Trust Co.New York Court of Appeals · 1948
- Laurent v. Williamsburgh Savings BankNew York Supreme Court · 1954
10 more not listed; retrieve them via the Exa API.