Brandt v. Public Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Max Brandt, from .a judgment of the Municipal Court of the city of New York, borough -of Brooklyn, in favor of the defendant, rendered on the 16th day of March, 1910,. dismissing the complaint, at the-close.of the plaintiff’s case.
1Opinion of the Court
Woodward, J.:
The. plaintiff sued to recover fifty dollars which, it was claimed, the defendant had paid out upon the plaintiff’s check, after having been notified that the plaintiff wanted to stop payment. At the close of plaintiff’s evidence, the court granted defendant’s motion to dismiss the complaint, on the ground that the plaintiff had failed to produce evidence to sustain a cause of action.. The plaintiff appeals to this court.
The plaintiff, in support of his cause "of action, introduced in evidenóe, without qualification, a notice to stop payment on the plaintiff’s check. This notice…
2Cases cited1 opinion
- Pendleton v. . WeedNew York Court of Appeals · 1858
3Cited by2 opinions
- Smith v. Prudential Insurance Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 1911
- Burkard v. Midvale Estates, Inc.Appellate Terms of the Supreme Court of New York · 1963