Greenleaf v. Mumford
New York Supreme Court
THE plaintiffs having obtained an attachment against the property of the defendant Mumford, which the sheriff attempted to execute, upon money deposited in the Nassau Bank, it was found that the money had been deposited in the name of the defendant Oakey, who had drawn checks against it to his own order, got them certified by the bank, and then left them unindorsed in his box in the bank.
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THE plaintiffs having obtained an attachment against the property of the defendant Mumford, which the sheriff attempted to execute, upon money deposited in the Nassau Bank, it was found that the money had been deposited in the name of the defendant Oakey, who had drawn checks against it to his own order, got them certified by the bank, and then left them unindorsed in his box in the bank. Both Oakey and the bank at first denied that the money was the property of Mumford, or subject to the attachment. To prevent Oakey from indorsing the checks and drawing the money, and the bank from paying…
1Opinion of the CourtSutherland, J.
The exceptions to the conclusions of law, that the service of the warrant of attachment on the Nassau Bank constituted a levy on the fund in question; that the money deposited by Oakey in the Nassau Bank was bound by the levy made under the attachment; and that the plaintiffs were entitled to the judgment specified in the fifth conclusion of law, were all well taken. These conclusions of law were all plainly erroneous, for the reason that they all assume that the sum of $53,000, deposited by Oakey in the Nassau Bank, for which the bank had given him credit, and *555for which the bank had…
2Cases cited3 opinions
- Lawrence v. . Bank of the RepublicNew York Court of Appeals · 1866
- Chamberlain v. MartinNew York Supreme Court · 1865
- Mechanics & Traders' Bank of Jersey City v. DakinNew York Supreme Court · 1867
3Cited by3 opinions
- Quarl v. AbbettIndiana Supreme Court · 1885
- Thurber v. . BlanckNew York Court of Appeals · 1872
- In re the Assignment of Foley & Co.New York Court of Common Pleas · 1878