Smith v. First National Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Frank G-. Smith, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Albany on the 2d day of October, 1911, upon the decision of the court, rendered after a trial before the court without a jury at the Albany Trial Term, dismissing the complaint upon the merits.
1Opinion of the Court
Houghton, J.:
The action is" in equity to compel the defendant bank to apply the proceeds of certain collateral pledged by the plaintiff and the defendant Patton to the satisfaction of certain notes to the exclusion of certain other notes, and for an accounting.
The defendant Patton was a lumber merchant in the city of Albany and a patron of the National Exchange Bank of that city, which subsequently, became merged in defendant First National Bank. The plaintiff, who lived in the city of New York, and Patton were engaged in certain joint enterprises in timber lands in certain of the Canadian…
2Cases cited5 opinions
- Valentine v. . RichardtNew York Court of Appeals · 1891
- Ingalls and Stockman v. . MorganNew York Court of Appeals · 1854
- Satterlee v. . KobbeNew York Court of Appeals · 1903
- Wright v. AustinNew York Supreme Court · 1865
- Consolidated Fruit Jar Co. v. WisnerAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by8 opinions
- Wrenn v. MoskinAppellate Division of the Supreme Court of the State of New York · 1929
- Hochen v. RubinAppellate Division of the Supreme Court of the State of New York · 1965
- Smith v. First National BankNew York Supreme Court · 1918
- Graham Bros. Aktiebolag v. St. Paul Fire & Marine InsuranceNew York Supreme Court · 1926
- Loughman v. LilliendahlAppellate Division of the Supreme Court of the State of New York · 1921
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