Legal Opinion

Rivenburgh v. First National Bank

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1905PublishedCited by 2 opinions

Appeal by the plaintiff, Frederick Rivenburgh, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Schoharie on the 27th day of June, 1904, upon the dismissal of the complaint by direction of the court after a trial at the Schoharie Trial Term, and also (as stated in the notice of appeal) from an order entered in said clerk’s office on the 27th day of June, 1904, directing the dismissal of the said complaint.

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Appeal by the plaintiff, Frederick Rivenburgh, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Schoharie on the 27th day of June, 1904, upon the dismissal of the complaint by direction of the court after a trial at the Schoharie Trial Term, and also (as stated in the notice of appeal) from an order entered in said clerk’s office on the 27th day of June, 1904, directing the dismissal of the said complaint. Upon the 5th day of March, 1904, John D. King was sick at the house of the plaintiff, where, upon the 20th day of March…

1Opinion of the Court

Smith, J.:

The certificates of deposit sued upon are in the usual form, reciting that King had deposited in the bank $100 and $30, payable to the order of himself on return of certificate properly indorsed. If these certificates have been assigned to plaintiff, though without the indorsement of King, upon proof of the assignment and upon his own indorsement, the plaintiff would seem to be entitled to recover. (Savage v. Bevier, 12 How. Pr. 166; Neg. Inst. Law [Laws of 1897, chap. 612], § 79.)

It is not necessary here to decide whether the delivery of this instrument to Safford constituted a…

2Cases cited1 opinion

  1. Savage v. BevierNew York Court of Common Pleas · 1856

3Cited by2 opinions

  1. Martz v. State National BankAppellate Division of the Supreme Court of the State of New York · 1911
  2. Sundail Construction Co. v. Liberty Bank of BuffaloAppellate Division of the Supreme Court of the State of New York · 1936

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