Hankowska v. Buffalo Savings Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Buffalo Savings Bank, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 4th day of December, 1912, upon the decision of the court, rendered after a trial at the Erie Special Term, affirming a judgment of the City Court of Buffalo, and also from an order bearing date the 2d day of December, 1912, and entered in said clerk’s office, directing the affirmance of the…
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Appeal by the defendant, the Buffalo Savings Bank, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 4th day of December, 1912, upon the decision of the court, rendered after a trial at the Erie Special Term, affirming a judgment of the City Court of Buffalo, and also from an order bearing date the 2d day of December, 1912, and entered in said clerk’s office, directing the affirmance of the judgment of the City Court.
1Opinion of the Court
McLennan, P. J.:
I am of the opinion that, upon the undisputed facts appearing in the record, the plaintiff was entitled to recover as matter of law, and that, therefore, the refusal of the court to charge as requested was entirely immaterial.
The evidence presented by the plaintiff, none of which is disputed, shows that the plaintiff opened an account with the *695defendant under the name of Antonina Hankowska and received a pass book and a special form of check or order which required the signature to be acknowledged before a notary public. The defendant paid the sum of $200 to one Helen Kaminski…
2Cases cited1 opinion
- Gearns v. Bowery Savings BankNew York Court of Appeals · 1892
3Cited by3 opinions
- Renzi v. AleszczykAppellate Division of the Supreme Court of the State of New York · 1974
- Holland v. Greater New York Savings BankAppellate Division of the Supreme Court of the State of New York · 1995
- Hankowska v. Buffalo Savings BankAppellate Division of the Supreme Court of the State of New York · 1913