Kelley v. . Buffalo Savings Bank
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 17, 1903, affirming a judgment in favor of defendant entered upon dismissal of the complaint by the court at a Trial Term without a jury.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 17, 1903, affirming a judgment in favor of defendant entered upon dismissal of the complaint by the court at a Trial Term without a jury. The action is brought by the administratrix of Ellen Seville, deceased, to recover from. defendant hank the amount of certain deposits which with interest up to the time of the commencement of the action, were said to have amounted to upwards of $2,100. The material facts as found by the trial court and unanimously affirmed by the…
1Opinion of the CourtWerner, J.
Upon the foregoing facts the trial court dismissed the complaint. At the Appellate Division the judgment entered upon that decision was unanimously affirmed. This court must, therefore, assume that every fact found is based upon sufficient evidence (Mareen v. Dorthy, 160 N. Y. 39 ; Reed v. McCord, Id. 330; People ex rel. Manhattan Ry. Co. v. Barker, 152 N. Y. 417), and the judgment must be sustained unless the conclusion of law upon which it is predicated is erroneous, or other fatal errors affect the rulings made upon the trial.
The immediate question presented by this appeal is whether, upon…
2Cases cited8 opinions
- People Ex Rel. Metropolitan Street Railway Co. v. State Board of Tax CommissionersNew York Court of Appeals · 1903
- Marden v. . DorthyNew York Court of Appeals · 1899
- Appleby v. . Erie County Savings BankNew York Court of Appeals · 1875
- People Ex Rel. Manhattan Railway Co. v. BarkerNew York Court of Appeals · 1897
- Allen v. . Williamsburgh Savings BankNew York Court of Appeals · 1877
3 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Bulakowski v. Philadelphia Saving Fund SocietySupreme Court of Pennsylvania · 1921
- Noah v. . Bowery Savings BankNew York Court of Appeals · 1919
- Fourth & Central Trust Co. v. RoweOhio Supreme Court · 1930
- Scheffer v. Erie County Savings BankNew York Court of Appeals · 1920
- Commonwealth Bank v. GoodmanCourt of Appeals of Maryland · 1916
28 more not listed; retrieve them via the Exa API.