Gause v. . Commonwealth Trust Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered ^ March 4, 1908, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. On the 26th day of September, 1902, a written memorandum of agreement, dated August 28, 1902, was signed in the name of the defendant by one of its vice-presidents.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered ^ March 4, 1908, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. On the 26th day of September, 1902, a written memorandum of agreement, dated August 28, 1902, was signed in the name of the defendant by one of its vice-presidents. It was sealed with the corporate seal and attested by an assistant secretary of the defendant, and it was also signed and sealed by the plaintiff. Duplicates were retained by the plaintiff…
1Opinion of the CourtChase, J.
We concur in the result reached by the majority of the Appellate Division. The importance of the decision m this case in its relation to the administration of justice seems to require a written statement of opinion by this court, although in doing so we, to some extent, substantially repeat what has been well said herein by Justice Laughlin.
The defendant was organized in the name of “ Trust Company of the Republic ” March 29, 1902, pursuant to article 4 of the Banking Law of this state as it then existed. Its name was changed October 12, 1903, to “ Commonwealth Trust Company of Hew York.” The…
2Cases cited10 opinions
- People ex rel. Attorney General v. Utica InsuranceNew York Supreme Court · 1818
- Jemison v. Citizens' Savings Bank of JeffersonNew York Court of Appeals · 1890
- Appleton v. Citizens' Central National BankNew York Court of Appeals · 1908
- People Ex Rel. Tiffany Co. v. . CampbellNew York Court of Appeals · 1894
- The Nassau Bank v. . JonesNew York Court of Appeals · 1884
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3Cited by33 opinions
- Dyer v. Broadway Central BankNew York Court of Appeals · 1930
- County of Divide v. BairdNorth Dakota Supreme Court · 1926
- Nowel v. Equitable Trust Co.Massachusetts Supreme Judicial Court · 1924
- Kavanaugh v. . Commonwealth Trust Co.New York Court of Appeals · 1918
- Rothschild v. Manufacturers Trust Co.New York Court of Appeals · 1939
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