McLoghlin v. National Mohawk Valley Bank
New York Supreme Court
Appeal from judgment on report of referee. Action by Thomas M. McLoghlin and John J. McLoghlin, executors of the last will and testament of B. F. McLoghlin, deceased, against the National Mohawk Valley Bank. From a judgment in favor of plaintiffs for $5,122.04, damages and costs, defendant appeals. Affirmed.
Read the full summary
Appeal from judgment on report of referee. Action by Thomas M. McLoghlin and John J. McLoghlin, executors of the last will and testament of B. F. McLoghlin, deceased, against the National Mohawk Valley Bank. From a judgment in favor of plaintiffs for $5,122.04, damages and costs, defendant appeals. Affirmed. The appellant, a national bank, was duly organized as such April 1, 1865. Prior to its organization as a national bank, and from the year 1852 until it became such, the appellant was a state bank, organized under the laws of the state of New York, by the name of “Mohawk Valley Bank.” When…
1Opinion of the CourtMartin, J.
The principal controversy between the parties related to the interest upon the money deposited with the defendant by plaintiffs’ testator. The referee found that the money was deposited in pursuance of an agreement or understanding between the plaintiffs’ testator and defendant that interest should be paid on the testator’s account. This finding was, we think, justified by the evidence. - The referee also found that there was no subsequent valid agreement changing the testator’s account from an interest-bearing to a noninterest-bearing account, or releasing the defendant from its obligation…
Also in this document: Concurrence.
2Cases cited5 opinions
- Pontius v. . People of the State of New YorkNew York Court of Appeals · 1880
- Quincey v. . WhiteNew York Court of Appeals · 1875
- Wallis v. . RandallNew York Court of Appeals · 1880
- Dryer v. BrownNew York Supreme Court · 1889
- Bean v. CarletonNew York Supreme Court · 1889