Mayor, Aldermen & Commonalty v. Mechanics & Traders' Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Mayor, Aldermen and Commonalty of the 'City of New York, from a judgment of the Supreme Court in favor of the defendant, ■ entered in the office of the clerk of the county of New York on the 6th day of April, 1911, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 21st day of March, 1911, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Miller, J.:
The facts leading up to this controversy were stated by Mr. Justice McLaughlin- on a prior appeal in this action (130 App. *524Div. 748). On that appeal this court reversed a judgment in favor of the plaintiff for the exclusion of evidence offered to show that the payment of the Winant judgment was made in bad faith. We said, upon the authority of City of New York v. Baird (176 N. Y. 269), that the defense interposed involved two questions: 1, whether the payment to Winant was made in good faith, and, 2, whether it operated to the injury of the bank. On this trial the said excluded…
2Cases cited5 opinions
- Mechanics & Traders' National Bank v. WinantNew York Court of Appeals · 1890
- City of New York v. . BairdNew York Court of Appeals · 1903
- City of New York v. . BairdNew York Court of Appeals · 1908
- City of New York v. BairdAppellate Division of the Supreme Court of the State of New York · 1907
- Mayor, Aldermen and Commonalty v. Mechanics & Traders' BankAppellate Division of the Supreme Court of the State of New York · 1909