Cottle v. . Marine Bank
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 15, 1898, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term without a jury.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 15, 1898, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term without a jury. The original plaintiff, John J. P. Read, since deceased, brought this action to recover the amount of two deposits of money made by him with the defendant, for which, upon the first deposit, the defendant gave to him a certificate in these words: “ State of Hew York, ) Marine Bank. f $1,255 “ Buffalo, Nov. 12, 1881. “ J. J. P. Read has…
1Opinion of the CourtLandon, J.
The trial court did not find' that Read, the original plaintiff, did produce the certificates upon the trial and offer to surrender them, properly indorsed, to the defendant, to be canceled. There is a statement to that effect contained in the proceedings upon the trial as stated in the case. But the findings show that the plaintiff’s sister, Mrs. Rockwell, before this action was commenced, had taken possession of the certificates; that Read had commenced an action against her to recover possession of them ; that that action was pending when this action was commenced; and that Read had…
2Cases cited9 opinions
- Boughton v. . FlintNew York Court of Appeals · 1878
- Payne v. . GardinerNew York Court of Appeals · 1864
- Wheeler v. . WarnerNew York Court of Appeals · 1872
- Pardee v. . FishNew York Court of Appeals · 1875
- Howell v. . AdamsNew York Court of Appeals · 1877
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3Cited by7 opinions
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- In re CookAppellate Division of the Supreme Court of the State of New York · 1903
- Williams v. ClarkNew York Supreme Court · 1952
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