Cassidy v. . Uhlmann
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 22, 1898, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 22, 1898, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The trial court erred in refusing to allow defendant Uhlmann to testify as to his belief in respect of deposits being taken on Monday, and as to his belief up to Tuesday night, August eighth, with regard to the ability of the bank to pay liabilities. (McKown v. Hunter,…
1Opinion of the Court
Parker, Ch. J.
Plaintiff’s assignors were depositors of the Madison Square Bank, which was closed on the ninth day of August, 1893, by the bank examiner. They made the deposits involved in this action on the seventh and eighth days ■of August, at which time the' bank was hopelessly insolvent, and this action is brought to recover the amount of such deposits from the president and two of the directors of the bank, one of whom was the defendant Uhlmann. The complaint was framed and the action tried upon the theory that this defendant was guilty of a fraud by which the plaintiff’s assignors were…
2Cited by2 opinions
- Hughes v. MartinSupreme Court of Oklahoma · 1921
- Nathan v. UhlmannAppellate Division of the Supreme Court of the State of New York · 1905