Gibson v. . Nat'l Park Bk. of N.Y.
New York Court of Appeals
These are cross-appeals from judgment of the General Terra of the Superior Court of the city of New Y ork, entered upon an order made the first Monday of November, 1883, which affirmed a judgment in favor of plaintiffs, entered upon the report of a referee. (Reported below, 11 J. & S. 429.) The case is reported on a former appeal, sub nom.
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These are cross-appeals from judgment of the General Terra of the Superior Court of the city of New Y ork, entered upon an order made the first Monday of November, 1883, which affirmed a judgment in favor of plaintiffs, entered upon the report of a referee. (Reported below, 11 J. & S. 429.) The case is reported on a former appeal, sub nom. Bills v. The National Bark Bank (89 N. Y. 343). This action was brought to recover the amount of an alleged indebtedness of defendant, The National Park Bank, to the New Orleans, St. Louis and Chicago Railroad Company, upon a deposit account, which…
1Opinion of the Court
Huger, Ch. J.
Hpon a former appeal to this court, the principal questions involved in this case were determined in favor of the respondents. (Bills v. Nat. Park Bank, 89 N. Y. It was there held:
First. That a certified check on a bank by the owner of a fond therein deposited, and outstanding in the hands of the drawer, constituted no such change in the ownership of the fund as exempted it from the lien of an attachment against the owner levied thereon.
Second. That the bank could defeat a liability to hold such deposit subject to the lien of the attachment, only by showing a payment of the check…
2Cases cited10 opinions
- Shaw v. SpencerMassachusetts Supreme Judicial Court · 1868
- Village of Port Jervis v. . First National B'k.New York Court of Appeals · 1884
- Anthony v. . WoodNew York Court of Appeals · 1884
- Powell v. . TuttleNew York Court of Appeals · 1850
- Moseley v. . MoseleyNew York Court of Appeals · 1857
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3Cited by17 opinions
- Malaguti v. RosenMassachusetts Supreme Judicial Court · 1928
- Jones v. Rochester Gas & Electric Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Hunter v. AllenAppellate Division of the Supreme Court of the State of New York · 1908
- Connor v. Third National BankMichigan Supreme Court · 1892
- Ferry v. Home Savings BankMichigan Supreme Court · 1897
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