McLoghlin v. National Mohawk Valley Bank
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made September 13, 1892, which- affirmed a judgment in favor of plaintiffs entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made September 13, 1892, which- affirmed a judgment in favor of plaintiffs entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The evidence did not justify the referee in finding that there was an agreement on the part of the defendant to pay interest on the deposit of plaintiffs5 testator. (Pollock v. Pollock, 71 N. Y. 137 ; Sickles v. Flanagan, 97 id. 224; Hannigan v. Allen, 127 id. 639 ; Code Civ.…
1Opinion of the CourtEarl, J.
This- action was brought by the plaintiffs to recover money deposited by their testator with the defendant. The amount of the principal sum claimed is $2,511.31. • The testator opened an account with the defendant in August, 1853, and from time to time made deposits in the bank, and drew checks against his account until May, 1865, when the amount now claimed was the balance due him. The testator died in, November, 1888, and from May, 1865, until that time, there was no entry of debit or credit in his account. Before the commencement of this action the plaintiffs demanded of the defendant the…
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