Amsden v. Traders National Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Catharine M. Amsden, from an order of the Supreme Court, made at the Rochester Special Term and entered in the office of the clerk of.the county of Monroe on the 18th day of December, 1917, referring the issues herein to a referee to hear, try and determine.
1Opinion of the Court
Kruse, P. J.:
A compulsory reference was directed which was resisted by the plaintiff, and the question is whether it has been made to- appear that the trial will require the examination of a long account.
The defendant bank credited, as directed by plaintiff’s husband, certain moneys paid to it by the husband. The account consists of several items, but the amounts are not in dispute. It is contended by the defendant that the moneys actually belonged to the husband and not to the wife and that the bank should be allowed to offset an indebtedness owing by the husband to the bank. The husband has…
2Cases cited5 opinions
- &198tna National Bank v. . Fourth National BankNew York Court of Appeals · 1871
- Steck v. Colorado Fuel & Iron Co.New York Court of Appeals · 1894
- Lawrence v. . Bank of the RepublicNew York Court of Appeals · 1866
- Daly v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1912
- Kings County Lighting Co. v. WoodburyAppellate Division of the Supreme Court of the State of New York · 1917