Zander v. New York Security & Trust Co.
New York Court of Appeals
■ Appeal from a judgment entered April 22, 1903, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which affirmed an interlocutory judgment of Special Term overruling a demurrer to the complaint. 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 entered April 22, 1903, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which affirmed an interlocutory judgment of Special Term overruling a demurrer to the complaint. The nature of the action and the facts, so far as material, ■ are stated in the opinion. Ho cause of action is stated, because the express terms of the contract provided for the repayment of the money only on the return of the certificate. (Lake v. McElfatrick, 139 N. Y. 357 ; Bank of Montreal v. Recknagel, 109 N. Y. 482 ; Hill v. Blake, 97 N. Y. 216 ; G.…
1Opinion of the CourtCullen, J.
The action is brought on a certificate of deposit issued by the defendant to the plaintiff for the sum of five hundred dollars which it is alleged the plaintiff has inadvertently lost or destroyed. The complaint further alleged that payment of said certificate had been demanded,.but that the defendant refused to pay the same unless the plaintiff would give it a sufficient bond, of indemnity against loss by reason of the failure to produce the certificate, which bond the plaintiff has been unable and unwilling to give. To this complaint the defendant demurred as not stating facts sufficient to…
2Cases cited4 opinions
- Bailey v. . County of BuchananNew York Court of Appeals · 1889
- Brainerd v. . New York and Harlem Railroad CompanyNew York Court of Appeals · 1862
- Frank v. . WesselsNew York Court of Appeals · 1876
- Wilcox v. Equitable Life Assurance Society of the United StatesNew York Court of Appeals · 1903
3Cited by25 opinions
- Casey v. . KastelNew York Court of Appeals · 1924
- In re the Estate of McCaffertyNew York Surrogate's Court · 1933
- American Exchange National Bank v. Woodlawn CemeteryNew York Court of Appeals · 1909
- State Bank v. Central Mercantile BankNew York Court of Appeals · 1928
- Mierke v. Jefferson County Savings BankNew York Court of Appeals · 1913
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