Kling v. Irving National Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Amos N. Kling and Elisha G. Allen, ns assignees, etc., of Thomas- P. Wallace, 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 30 th day of March, 1897, upon the verdict of a jury directed by the court, with notice of an intention to bring up for review upon such appeal an order entered in said clerk’s office on the 12th day of April, 1897, denying the plaintiffs’…
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Appeal by the plaintiffs, Amos N. Kling and Elisha G. Allen, ns assignees, etc., of Thomas- P. Wallace, 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 30 th day of March, 1897, upon the verdict of a jury directed by the court, with notice of an intention to bring up for review upon such appeal an order entered in said clerk’s office on the 12th day of April, 1897, denying the plaintiffs’ motion for a new trial made upon the minutes. On October 19,1896, Thomas P. Wallace, of Marion, Ohio, made an assignment…
1Opinion of the Court
O’Brien, J.:
Against the right of the plaintiffs, as assignees, to recover the credit balance which appeared in the account of the defendant bank *376standing in the name of the Marion Deposit Bank, four grounds of defense were interposed: First. A denial that there was any credit given to the plaintiffs’ assignor hy the defendant. Second. - An offset on the draft of $5,000, the discount of which by the defend: ant had been procured by fraudulent representations. Third. An equitable set-off to such draft. Fourth. That the plaintiffs were not the owners of the claim in suit.
As to the right of…
2Cases cited4 opinions
- Boston Ice Co. v. PotterMassachusetts Supreme Judicial Court · 1877
- Fera v. . WickhamNew York Court of Appeals · 1892
- Clason v. . BaldwinNew York Court of Appeals · 1897
- Collins v. . RalliNew York Court of Appeals · 1881
3Cited by4 opinions
- Kelly Asphalt Block Co. v. Barber Asphalt Paving Co.New York Court of Appeals · 1914
- Williams v. BrownAppellate Division of the Supreme Court of the State of New York · 1900
- Bank of State of N.Y. v. . South. Nat. BankNew York Court of Appeals · 1902
- People v. WhitemanAppellate Division of the Supreme Court of the State of New York · 1902