Lawrence v. Bank of the Republic
The Superior Court of New York City
Appeal from a judgment rendered on the verdict of a jury. The plaintiffs brought this action as assignees of the firm of Lanes, Boyce & Co., for the benefit of their creditors, for certain moneys, the proceeds of the assigned estate, deposited by the plaintiffs, as such assignees, with the defendants, in 1,861. They made their demand therefor by drawing their check, as assignees, for the amount, by an attorney, in fact, (Mr. Bowdoin,) on the 2d February, 1863, which check…
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Appeal from a judgment rendered on the verdict of a jury. The plaintiffs brought this action as assignees of the firm of Lanes, Boyce & Co., for the benefit of their creditors, for certain moneys, the proceeds of the assigned estate, deposited by the plaintiffs, as such assignees, with the defendants, in 1,861. They made their demand therefor by drawing their check, as assignees, for the amount, by an attorney, in fact, (Mr. Bowdoin,) on the 2d February, 1863, which check the defendants refused to pay. The assignment was made March 4, 1861. The defendants were creditors of Lanes, Boyce & Co.…
1Opinion of the Court
Robertson, Ch. J.
The only grounds upon which the defendants resist the payment to the plaintiffs of the debt due by them for money lent, (Com. Bank of Albany v. Hughes, 17 Wend. 94; 2 Seld. 412,) which is termed d deposit with them as a bank, are three-fold.
Eirst. That such moneys, so deposited or lent, are still the property of the firm of Lanes, Boyce & Oo.; and the defend*148ants have a right to set off the debt due to them from that firm, against liability for such moneys.
Secondly. That the defendants are judgment creditors of Lanes, Boyce & Co. who, by having exhausted their remedy by…
2Cases cited15 opinions
- Wakeman v. GroverNew York Court of Chancery · 1832
- Commercial Bank v. HughesNew York Supreme Court · 1837
- Robinson v. . StewartNew York Court of Appeals · 1854
- Pattison v. RichardsNew York Supreme Court · 1856
- Averill v. LoucksNew York Supreme Court · 1849
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3Cited by1 opinion
- Geenia v. KeahNew York Supreme Court · 1873