Noah v. . Bowery Savings Bank
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 24, 1915, affirming a judgment in favor of defendant entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 24, 1915, affirming a judgment in favor of defendant entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The trial court erred in charging that the burden of proving defendant’s negligence was upon the plaintiff and in refusing to charge that there was no burden on the plaintiff to prove the defendant’s negligence. (Dowling v. Hasting, 211 N. Y. 199; Lerche v. Brasher, 104 N. Y. 157; Keteltas v. Myers, 19 N. Y. 231;…
1Opinion of the CourtCrane, J.
On the 3d day of September, 1912, Ernestine Noah had to her credit in the Bowery Savings Bank the sum of two thousand three hundred sixty-four dollars and twenty-six cents ($2,364.26). The passbook issued to the plaintiff showing this amount on deposit had printed upon it the following rule:
“ 13. Should any depositor lose his book, he is required to give immediate notice thereof to the Bank. Books must be presented to be written up before interest can be drawn. All payments made to persons producing deposit books shall be deemed good and valid payments to depositors respectively.”
The…
2Cases cited16 opinions
- Dougherty v. . MillikenNew York Court of Appeals · 1900
- Transportation Line v. HopeSupreme Court of the United States · 1877
- Ferguson v. . HubbellNew York Court of Appeals · 1884
- Bellinger v. . the New York Central RailroadNew York Court of Appeals · 1861
- Van Wycklen v. . City of BrooklynNew York Court of Appeals · 1890
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