Bingham v. Marine Nat. Bank
New York Supreme Court
Motion for re-argument of appeal. The action was brought by Samuel Bingham and another, as administrators, etc., against the Marine National Bank of the City of New York, and the receiver of the hank, upon a certificate of deposit. The plaintiffs recovered, and, upon appeal by the defendants, the judgment was affirmed. The defendants now move for a re-argument. The material facts fully appear in the report of the decision on appeal, in 17 Abb. N. C., 431.
1Concurrence
Brady, J. (concurring).
The issue in this case was whether an agreement such as was stated by the witness Fish to have been made with the plaintiff, was in fact made, and it was submitted to the jury in an elaborate charge, to which no exception was taken by either side, and in reference to which no requests were submitted on the part of the appellants. The verdict of the jury determined as a question of fact the nonexistence of the alleged agreement; and although the issue on the evidence, as appears in the record, is sustained and assailed by testimony for and against it, the credibility of…
2Cases cited2 opinions
- Duncan v. JaudonSupreme Court of the United States · 1873
- Jaudon v. National City BankU.S. Circuit Court for the District of Southern New York · 1871