Legal Opinion

Paoli v. East River National Bank

Appellate Terms of the Supreme Court of New York

Decided October 15, 1915PublishedCited by 1 opinion

Appeal by defendant from a judgment of the City Court of the city of New York, entered on a directed verdict, and from an order denying a motion for a new trial in an action brought to recover a balance on de1 posit in the defendant bank to the credit of plaintiff’s testator at the time of his death.

1Opinion of the CourtShearn, J.

Plaintiff’s testator borrowed from the defendant bank $8,000 upon four promissory notes. Two renewal notes aggregating $1,800 and interest remained unpaid at his death. When the loan was obtained plaintiff’s testator executed and delivered to the defendant an instrument purporting to set forth his assets and liabilities containing this provision:

“ In consideration of granting any credit by said bank, the undersigned agree that in case of failure or insolvency on the part of the undersigned, or in the event of it appearing at any time that any of the following representations are untrue, or in…

2Cited by1 opinion

  1. Federal Trust Co. v. ConklinNew Jersey Court of Chancery · 1916

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