Larbig v. Peck
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Edwin H. Peck and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 1st day of March, 1901, upon the verdict of a jury, and also from an order bearing date the 25th day of February, 1901, and entered in said clerk’s office, denying the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Laughlin, J.:
The action is brought to recover the balance of an alleged deposit made with the defendant Walter J. Peck on the 25th day of February, 1889. The receipt of the money was admitted, but the defendants claim, among other things, that it was a loan and that the Statute of Limitations has run against the cause of action. They further claim that the transaction was with the plaintiff’s son; who was in their employ as a bookkeeper, and that he represented to them that it was his money and they had no notice or knowledge to the contrary. ' The jury found that the money belonged to the…
2Cases cited5 opinions
- Ph&338nix Insurance Company v. . ChurchNew York Court of Appeals · 1880
- Lawrence v. . ClarkNew York Court of Appeals · 1867
- Taft v. . ChapmanNew York Court of Appeals · 1872
- Kaminski v. ScheferAppellate Division of the Supreme Court of the State of New York · 1899
- Chapman v. OgdenAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by1 opinion
- Frohlich & Newell Foods, Inc. v. New Sans Souci Nursing HomeCivil Court of the City of New York · 1981