Ideal Concrete Machinery Co. v. National Park Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, National Park Bank of New York, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 16th day of June, 1913, denying defendant’s motion for judgment on the pleadings.
1Opinion of the Court
McLaughlin, J.:
The complaint alleges, in substance, that the plaintiff, a foreign corporation, delivered to the New York Export and *345Import Company certain machinery for the purpose of having the same exported and collecting $5,561.78, the purchase price; that the machinery was exported and the company received this amount, which it deposited on the 19th of June, 1909, in its own name with the defendant bank; that the money thus deposited belonged to the plaintiff, of which fact the defendant had knowledge when the same was made; and that the plaintiff has demanded this amount from the…
2Cases cited4 opinions
- Blinn v. . SchwarzNew York Court of Appeals · 1904
- Bank of Beloit v. . BealeNew York Court of Appeals · 1866
- Deitz v. FieldAppellate Division of the Supreme Court of the State of New York · 1896
- Blinn v. SchwarzAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by2 opinions
- General Motors Acceptance Corp. v. Associates Discount Corp.Appellate Division of the Supreme Court of the State of New York · 1944
- Georgi v. Texas Co.Appellate Division of the Supreme Court of the State of New York · 1916