Brooke v. Tradesmen's National Bank
New York Supreme Court
Exceptions from circuit court, New York county. Action originally brought by Egbert H. Gran din, as receiver of the property of William C. Rogers, a judgment debtor, against the Tradesmen’s national Bank to recover damages for failure to pay note of judgment debtor. Egbert H. Grandin died pending the action, and it was continued in the name of Charles L. Brooke, as receiver.
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Exceptions from circuit court, New York county. Action originally brought by Egbert H. Gran din, as receiver of the property of William C. Rogers, a judgment debtor, against the Tradesmen’s national Bank to recover damages for failure to pay note of judgment debtor. Egbert H. Grandin died pending the action, and it was continued in the name of Charles L. Brooke, as receiver. On the trial defendant moved to dismiss the complaint, for the reason that it did not state facts sufficient to constitute a cause of action. The motion was granted, plaintiff excepted, and his exception was ordered to be…
1Opinion of the CourtYah Brtjht, P. J.
This action is brought by the plaintiff, as receiver of one William C. Rogers, a judgment debtor, to recover damages sustained by said Rogers because of the failure of the defendant to pay a note of said Rogers which had been made payable at the defendant’s bank, the said Rogers having at the time of such refusal on deposit with the defendant more than sufficient money to pay said note. The plaintiff does not claim to recover as such damages the amount of the deposit, but certain special damages arising from the fact that, in consequence of the failure *803of the bank to pay the note in question,…
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