Clews v. Bank of New York National Banking Ass'n
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas in and for "the city and county of New York, entered upon an order made March 2, 1885, which affirmed a judgment in favor of plaintiffs, entered upon an order dismissing plaintiffs’ complaint on the opening of plaintiffs’ counsel on trial. It is reported on a former appeal in 89 New York, 418. This action was brought to recover the amount of a draft drawn upon defendant.
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Appeal from judgment of the General Term of the Court of Common Pleas in and for "the city and county of New York, entered upon an order made March 2, 1885, which affirmed a judgment in favor of plaintiffs, entered upon an order dismissing plaintiffs’ complaint on the opening of plaintiffs’ counsel on trial. It is reported on a former appeal in 89 New York, 418. This action was brought to recover the amount of a draft drawn upon defendant. The facts in reference thereto were stated by said counsel substantially as follows : On the 6th oí January, 1879, the Commercial National Bank of Chicago…
1Opinion of the CourtRapallo, J.
When this case was first before us (89 N. Y. 418), it came up on an appeal by the defendant from a judgment rendered in favor of the plaintiffs, on a verdict in their favor. That judgment was reversed, and necessarily, there having been manifest error in the charge of the judge, who instructed the jury, in substance, that if the draft was presented to the teller of the defendant and he answered the question of the messenger who presented it, in the manner testified to by the messenger, the plaintiffs were entitled to recover. That instruction was, in effect, a charge that if the messenger…
2Cases cited1 opinion
- Clews v. Bank of New York National Banking Ass'nNew York Court of Appeals · 1882
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