Brooklyn Bank v. . Barnaby
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 16, 1908, affirming a judgment in favor of plaintiff entered upon a decision at a Trial Term without a jury. This is an action upon a promissory note for $68,000, made and delivered by the defendant to the plaintiff, bearing date February 12th, 1894, and payable on demand, with interest.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 16, 1908, affirming a judgment in favor of plaintiff entered upon a decision at a Trial Term without a jury. This is an action upon a promissory note for $68,000, made and delivered by the defendant to the plaintiff, bearing date February 12th, 1894, and payable on demand, with interest. Attached to the note was a schedule of securities, which the defendant had deposited with the plaintiff as collateral, and this was followed by a written authorization empowering the bank, its…
1DissentHiscock, J.
I am unable to concur in the opinion and conclusions of Judge Werner.
The action was brought to recover the balance or deficiency remaining unpaid on a collateral note executed by the appellant and owned by the respondent for the sum of $68,000 and interest, dated February 12,1894, and payable on demand, and whereby and wherewith there were deposited certain collaterals with power of sale of the latter, and wherein were contained certain provisions for the payment of any deficiency remaining after the application of the proceeds of collaterals.
From time to time, between March 7, 1894, and…
2Cases cited8 opinions
- Crow v. . GleasonNew York Court of Appeals · 1894
- Harper v. . FairleyNew York Court of Appeals · 1873
- Tebo v. . RobinsonNew York Court of Appeals · 1885
- United States v. LouisianaSupreme Court of the United States · 1887
- Smith v. . RyanNew York Court of Appeals · 1876
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