Abraham v. American Exchange National Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Owen E. Abraham, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 28th day of December, 1917, dismissing the complaint upon the merits at the close of the case, and also from an order entered in said clerk’s office on the 19th day of December, 1917, denying plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Greenbaum, J.:
This court upon the former appeal in this case held that the dismissal of the complaint by the trial court was error, for the reason that an issue of fact for the jury was presented upon the proofs as to whether Valentine, through whose alleged fraud the plaintiff’s assignors parted with the check for $24,906.25, was the agent of E. D. Shepard & Co., the recipients of the check. (See 179 App. Div. 918.)
The case on appeal discloses that substantially all the proofs which were adduced upon the previous trial were presented at the trial under review. It thus necessarily follows…
2Cases cited6 opinions
- Importers & Traders' National Bank v. PetersNew York Court of Appeals · 1890
- Ball v. . ShepardNew York Court of Appeals · 1911
- Citizens' State Bank v. . CowlesNew York Court of Appeals · 1905
- Von Sachs v. . KretzNew York Court of Appeals · 1878
- Carr v. . Nat. Bank and Loan Co.New York Court of Appeals · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Crozier v. United States Steel Corp.New York Supreme Court · 1932
- First Nat. Bank v. Cross NapperLouisiana Court of Appeal · 1934
- Blattmacher v. BrownNew York Supreme Court · 1937
- Martin v. Gotham National BankNew York Supreme Court · 1925