Read v. . Marine Bank
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made January 22, 1892, which aífirmed a judgment in favor of plaintiff entered upon a verdict directed by the court and affirmed an order denying a motion for a new trial. . This was an action to recover the amount of two deposits of money made by plaintiff with defendant, for .which certificates of deposit were issuéd to him, which stated that he had…
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made January 22, 1892, which aífirmed a judgment in favor of plaintiff entered upon a verdict directed by the court and affirmed an order denying a motion for a new trial. . This was an action to recover the amount of two deposits of money made by plaintiff with defendant, for .which certificates of deposit were issuéd to him, which stated that he had deposited the moneys to his credit and payable to his order. Defendant’s answer averred that plaintiff had never presented said…
1Opinion of the CourtMaynard, J.
The certificates, which the plaintiff received from the defendant, when he deposited the moneys, which he seeks to recover in this action, possessed the attributes of negotiable paper, and were transferable in the same manner. Construing the defendant’s contract according to the rules of commercial law, it was not bound to pay the deposit, except upon the production and surrender of the certificates properly indorsed. When the action was brought and tried, the plaintiff was unable to comply with the implied stipulation in his contract with the defendant, which required a tender of the…
2Cases cited3 opinions
- Thomas v. . ThomasNew York Court of Appeals · 1892
- Read v. . Bank of AtticaNew York Court of Appeals · 1891
- Van Alstyne v. National Commercial BankNew York Court of Appeals · 1868
3Cited by9 opinions
- Maryland Finance Corp. v. Peoples Bank of KeyserWest Virginia Supreme Court · 1925
- Cottle v. . Marine BankNew York Court of Appeals · 1901
- Bile v. BileAppellate Division of the Supreme Court of the State of New York · 1983
- Church v. StevensAppellate Terms of the Supreme Court of New York · 1907
- Hanna v. Manufacturers' Trust Co.Appellate Division of the Supreme Court of the State of New York · 1905
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