Van Allen v. American National Bank
New York Supreme Court
This was an appeal from a judgment entered upon the verdict of a jury in favor of the plaintiff, and from an order denying a motion for a new trial.
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This was an appeal from a judgment entered upon the verdict of a jury in favor of the plaintiff, and from an order denying a motion for a new trial. The complaint set forth that on the 20th of February, 1867, the plaintiff deposited with the defendant $1,625.13, in the name of Van Allen & Bice, to be repaid on demand; that, on March 6th, Van Allen & Bice, to enable the plaintiff to draw the moneys, gave him their check on defendant for the same; that plaintiff, on that day, duly presented the check and demanded the money therefor, hut defendant refused to pay it; that, at the time of demand…
1Opinion of the CourtIngraham, P. J.
It is immaterial, in this action, whether the identical bills or checks received in payment for the bonds sold were deposited with the defendants, or whether an equal sum of money, out of the funds of Yan Allen & Rice, was so deposited. In either case, a sum of money equal to the amount due the plaintiff was set apart for his use, and was so deposited with the defendants, and that fact was communicated to the plaintiff. It is not enough to make an equitable assignment of money on deposit that a check should be drawn therefor. In such a case there would be no privity between the bank and the…
2Cited by1 opinion
- Bradley Fertilizer Co. v. LathropCity of New York Municipal Court · 1886