Legal Opinion

Lewine v. National City Bank

Appellate Division of the Supreme Court of the State of New York

Decided December 5, 1927No. Appeal No. 1PublishedCited by 2 opinions

1Opinion of the CourtKapper, J.

The liability of the appellant bank is predicated upon an alleged balance in its hands of a $200,000 deposit, amounting to $39,945. It is claimed by plaintiff that the $200,000 deposit was special, limited and restricted to and for him and his use. The appellant bank claims that these moneys were the deposit of a Russian bank called Azoff Don Bank at whose sole and only disposal this fund was; and that as the general account of the Azoff Don Bank at the time of the deposit constituted an indebtedness from it to the appellant of $1,400,000, the appellant asserted the right and thereupon…

2Cases cited4 opinions

  1. Fidelity & Deposit Co. v. Queens County Trust Co.New York Court of Appeals · 1919
  2. Sickles v. . HeroldNew York Court of Appeals · 1896
  3. Cutler v. American Exchange National BankNew York Court of Appeals · 1889
  4. Delahunty v. Central National BankAppellate Division of the Supreme Court of the State of New York · 1899

3Cited by2 opinions

  1. Swan Brewery Co. v. US Trust Co. of New YorkDistrict Court, S.D. New York · 1993
  2. Cassedy v. Johnstown BankAppellate Division of the Supreme Court of the State of New York · 1936

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