O'Brien v. . East River Bridge Co.
New York Court of Appeals
Appeal from an order and judgment of the Appellate Division of the Supreme Court in the first judicial department, entered respectively January 12 and 24, 1899, reversing a judgment in favor of defendant entered upon the report of a referee dismissing the plaintiffs’ complaint upon the merits and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order and judgment of the Appellate Division of the Supreme Court in the first judicial department, entered respectively January 12 and 24, 1899, reversing a judgment in favor of defendant entered upon the report of a referee dismissing the plaintiffs’ complaint upon the merits and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. To sustain the judgment of reversal it must be shown that upon the decision made hy the referee upon the facts the legal conclusion did not follow that the defendant was entitled to a…
1Opinion of the CourtO’Brien, J.
The plaintiffs, as receivers of the Madison Square Bank, brought this action to compel the defendant to account and pay over to them $50,000 which the defendant had deposited in the bank but drew out by check on the day the bank closed. The cause was tried before a referee who dismissed the complaint, but this judgment has been reversed by the Appellate Division. The facts upon which the judgment depends are undisputed. They are fully stated in the learned opinion below and that statement can be very safely adopted as it there appears:
“ On the 8th of August, 1893, the defendant was a…
2Cases cited2 opinions
- French v. . AndrewsNew York Court of Appeals · 1895
- Jefferson County National Bank v. TownleyNew York Court of Appeals · 1899
3Cited by17 opinions
- Caesar v. BernardAppellate Division of the Supreme Court of the State of New York · 1913
- Cosmopolitan Trust Co. v. S. L. Agoos Tanning Co.Massachusetts Supreme Judicial Court · 1923
- Jerome v. . Queen City Cycle Co.New York Court of Appeals · 1900
- Buffalo & Lancaster Land Co. v. Bellevue Land & Improvement Co.New York Court of Appeals · 1901
- Joseph v. RaffAppellate Division of the Supreme Court of the State of New York · 1903
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