Yerkes v. . National Bank
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict, and affirming an order denying a motion for a new trial. This action was brought to recover the value of certain United States bonds, which, as the complaint alleged, defendant agreed to exchange for registered bonds, but which agreement it failed to perform, and refused to deliver up the bonds on demand.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict, and affirming an order denying a motion for a new trial. This action was brought to recover the value of certain United States bonds, which, as the complaint alleged, defendant agreed to exchange for registered bonds, but which agreement it failed to perform, and refused to deliver up the bonds on demand. Plaintiff’s evidence tended to show that she was a customer of and a depositor with defendant; that it had purchased for her…
1Opinion of the CourtEarl, J.
There was competent evidence tending to prove that the defendant agreed with the plaintiff for a sufficient consideration to exchange her bonds then in its custody for registered bonds, and the judge presiding at the trial submitted this evidence to the jury, and charged them that if they found the agreement was made, the plaintiff was entitled to their verdict. Whether this charge was correct is the sole question for our consideration.
The counsel for the appellant argued with much ability that the defendant had no corporate power to make such an agreement, and that its cashier had no…
2Cases cited5 opinions
- Montgomery County Bank v. . Albany City BankNew York Court of Appeals · 1852
- President of the Bank of Utica v. SmedesNew York Supreme Court · 1824
- Walker v. . the Bank of the State of New-YorkNew York Court of Appeals · 1854
- Van Leuven v. . First National Bank of KingstonNew York Court of Appeals · 1873
- Leach v. HaleSupreme Court of Iowa · 1870
3Cited by7 opinions
- Harriman National Bank v. Com'r of Internal RevenueCourt of Appeals for the Second Circuit · 1930
- Cook v. MunnNew York Supreme Court · 1883
- First Nat. Bank of Kiowa v. MeeSupreme Court of Oklahoma · 1927
- Hanson v. HeardSupreme Court of New Hampshire · 1897
- Newport National Bank v. Board of EducationCourt of Appeals of Kentucky · 1902
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