Bischoff v. Yorkville Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Yorkville 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 16th day of June, 1915, upon the decision of the court after a trial at the New York Special Term.
1Opinion of the Court
McLaughlin, J.:
I concur in the opinion of Mr. Justice Scott in so far as he holds that the defendant is liable for $2,765, the amount received by it in payment of loans made to Poggenburg, but I dissent from his conclusion in so far as he holds that the defendant is not liable for any further sum. I think the trial court was right in holding the defendant liable for the aggregate amount of all the checks, and for that reason the judgment should be affirmed. Poggenburg for a long time prior to the time he was appointed executor of the Schneider estate, had had a deposit account with the…
2Cases cited4 opinions
- Ward v. City Trust Co. of New YorkNew York Court of Appeals · 1908
- Rochester & Charlotte Turnpike Road Co. v. PaviourNew York Court of Appeals · 1900
- Havana Central Railroad v. Knickerbocker Trust Co.New York Court of Appeals · 1910
- Niagara Woolen Co. v. Pacific BankAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by8 opinions
- Walker Bank & Trust Co. v. First Security Corp.Utah Supreme Court · 1959
- Keeney v. Bank of ItalyCalifornia Court of Appeal · 1917
- Town of Eastchester v. Mount Vernon Trust Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Empire Square Realty Co. v. Chase National BankNew York Supreme Court · 1943
- Fidelity & Deposit Co. v. Queens County Trust Co.Appellate Division of the Supreme Court of the State of New York · 1916
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