Weiner v. Chase National Bank

This action is brought by the plaintiff depositor to recover the balance of his deposit in the defendant Chase Bank. The case was heretofore tried before a jury and complaint dismissed at the end of plaintiff’s case on motion of defendant. It is apparent from the record on the former trial that the dismissal was based on the decision of a question of fact by the court which should have been submitted to the jury. (Record on appeal, fol. 540.) The *125Appellate Term, reversing the judgment of the lower court, said: “ The plaintiff made out a prima facie case and it was error to dismiss the…