Clark v. Mechanics' National Bank
New York Court of Common Pleas
Appeal from a judgment of this court entered on the verdict of a jury, and from an order denying a motion for a new trial. The action was brought to recover the sum of $27,149.70, which plaintiff, a depositor with defendant, claimed to be due him, over and above his drafts on his deposits.
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Appeal from a judgment of this court entered on the verdict of a jury, and from an order denying a motion for a new trial. The action was brought to recover the sum of $27,149.70, which plaintiff, a depositor with defendant, claimed to be due him, over and above his drafts on his deposits. The sum in question was the aggregate of twenty-three checks charged against him in balancing his pass-book on September 14th, 1865. On the first trial of this case the jury gave a verdict for the whole amount of his claim. The verdict was set aside on the minutes; plaintiff appealed, and the General Term…
1Opinion of the CourtJ. F. Daly, J.
The facts of the case were fully set forth in the opinions reported in 8 Daly 481, the evidence taken on the first trial having been read to the jury on the second trial, and some additional testimony offered concerning specific vouchers among the number disputed. On the first trial the bank proved conclusively that two of the checks denied by plaintiff were issued by him, and gave evidence of a similar circumstantial character, though not so strong, concerning three others. The jury gave plaintiff a verdict including the amount of those five checks upon *241some theory or view of the case which…
2Cases cited5 opinions
- Stenton v. . JeromeNew York Court of Appeals · 1873
- Quincey v. . WhiteNew York Court of Appeals · 1875
- Maier v. HomanNew York Court of Common Pleas · 1871
- Clark v. Mechanics' National BankNew York Court of Common Pleas · 1880
- Coleman v. PeopleNew York Court of Appeals · 1873
3Cited by4 opinions
- Nodine v. First National BankOregon Supreme Court · 1902
- Yale v. DartNew York Court of Common Pleas · 1891
- McClain v. SchofieldNew York Supreme Court · 1893
- Streicher v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1899