Legal Opinion

Martz v. State National Bank

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

Decided November 15, 1911PublishedCited by 5 opinions

Appeal by the plaintiff, A rm a Martz, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Niagara on the 14th day of June, 1911, upon the decision of the court, rendered after a trial at the Erie Special Term, sustaining the defendant’s demurrer to the complaint.

1Opinion of the Court

Robson, J.:

The defendant is a duly organized and incorporated national bank located at North Tonawanda, and on the twenty-ninth day of July, on the deposit with it of the sum of $6,900, issued its certificate of deposit of which the following is a copy:

“'$6900.00
“ The State National Bank
“North Tonawanda, N. Y.
“Jul. 29,1910.
“Alfred and Anna Martz has (sic.) deposited in this Bank sixty-nine hundred and no/100 Dollars payable to. the order of themselves in current funds, on the return of this certificate properly endorsed. In case this amount shall remain on deposit for a period of 6 months,…

2Cases cited4 opinions

  1. West v. McCulloughAppellate Division of the Supreme Court of the State of New York · 1908
  2. Goshen National Bank v. BinghamNew York Court of Appeals · 1890
  3. West v. . McCulloughNew York Court of Appeals · 1909
  4. Rivenburgh v. First National BankAppellate Division of the Supreme Court of the State of New York · 1905

3Cited by5 opinions

  1. Armende Lesser, Appellant-Appellee v. Morris Migden, Trustee, Appellee-Appellant. In the Matter of Mike Misuirello, BankruptCourt of Appeals for the Second Circuit · 1964
  2. Harris v. EsterbrookSouth Dakota Supreme Court · 1929
  3. Corporation Holding Co. v. WieberAppellate Division of the Supreme Court of the State of New York · 1930
  4. Phelps v. WomackSupreme Court of Oklahoma · 1917
  5. Industrial Bank v. SweetNew York Supreme Court · 1957

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