Fricano v. Columbia National Bank of Buffalo
Appellate Division of the Supreme Court of the State of New York
Appeal, by the plaintiff,. Mariano Fricano, from a judgment of tbe Supreme Court in favor of the defendant, entered in the office of the clerk o.f the county of Erie on the 26th day of December, 1905; upon the verdict of a jury, and also; from an order entered in said clerk’s office on the 26th day of December, 1905, denying the plaintiff’s motion for a new trial made upon the minutes.
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Appeal, by the plaintiff,. Mariano Fricano, from a judgment of tbe Supreme Court in favor of the defendant, entered in the office of the clerk o.f the county of Erie on the 26th day of December, 1905; upon the verdict of a jury, and also; from an order entered in said clerk’s office on the 26th day of December, 1905, denying the plaintiff’s motion for a new trial made upon the minutes. The action was' brought to recover the amount of.a deposit, claimed to have been made by the plaintiff in the defendant .bank' at. various times between the 13th day of January, 1903, and the 8th day of August,…
1Opinion of the Court
Kruse, J.:
While the jury were well warranted in finding a verdict of no ■cause of action in this case,, we think the rule of law by which the jury were instructed to determine the.defendant’s liability was incorrect. The controversy was over the right of the plaintiff’s son to-draw- against:, the moneys deposited in the plaintiff’s name, and. to . charge, the same against that account. It was claimed by the defendant that, although the deposit, was made in the name of the plaintiff, when the account was opened the moneys were actually.deposited and the business done with the son, who…
2Cases cited3 opinions
- McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
- &198tna National Bank v. . Fourth National BankNew York Court of Appeals · 1871
- Allen v. . Williamsburgh Savings BankNew York Court of Appeals · 1877
3Cited by3 opinions
- Kelly v. KellyMontana Supreme Court · 1931
- In re NashAppellate Division of the Supreme Court of the State of New York · 1913
- Fricano v. Columbia National BankAppellate Division of the Supreme Court of the State of New York · 1909