E. Moch Co. v. Bryant Park Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Bryant Park Bank, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 9th day of December, 1919, on the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 5th day of January, 1920, denying defendant’s motion to set aside the verdict and for a new trial made upon the minutes.
1Opinion of the Court
Greenbaum, J.:
The complaint alleges in paragraph III that between September 18 and December 6, 1908, defendant received moneys of and belonging to the plaintiff to and for “ the use of the plaintiff, amounting in the aggregate to the sum of $15,180.35,” which the defendant refused to pay to the plaintiff although duly demanded.
Plaintiff called a single witness to compute the amount of interest upon the claim and rested.
The evidence on behalf of the defendant uncontradictedly establishes the following facts: When the account was opened with the defendant bank its vice-president and cashier…
2Cases cited5 opinions
- Farmers & Mechanics' Bank v. Butchers & Drovers' BankNew York Court of Appeals · 1857
- New York & New Haven Railroad v. SchuylerNew York Court of Appeals · 1865
- Griswold v. . HavenNew York Court of Appeals · 1862
- F.A. Bank v. . F.S.S. G.S.F.R.R. Co.New York Court of Appeals · 1893
- Manhattan Life Insurance v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1893
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