McIntire v. National Nassau Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The National Nassau Bank, from an order of the Supreme Court, made at' the New York Trial Term and entered in the office of the clerk of the county of New York on the 12th day of April, 1912, granting a preference in the above-entitled action.
1Opinion of the Court
McLaughlin, J.:
Action to recover $5,500 which plaintiff deposited with ■ defendant. As a defense defendant alleges that it has already *669paid such sum upon a check drawn by plaintiff to the order of one Palmer. The genuineness of the signature to the check is disputed, and as a separate defense it is alleged that the plaintiff is estopped from asserting that fact by reason of his failure to give to defendant written notice within ten days after the check was returned, which, it is claimed, he had agreed to do.
After issue had been joined, plaintiff on January 16, 1912, served a notice of trial…
2Cases cited2 opinions
- Marks v. MurphyAppellate Division of the Supreme Court of the State of New York · 1898
- Haskin v. MurrayAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by2 opinions
- Blank v. Medical Arts Center HospitalNew York Supreme Court · 1956
- Holdridge v. CalderNew York Supreme Court · 1933