Rosenstock v. Dessar
Appellate Division of the Supreme Court of the State of New York
Appeal "by the defendants, Joseph B- Dessar and another^ from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 23d. day of February, 1905, upon the verdict of a jury, and also from an order entered in said clerk’s office 'on. the 8th day of February, 1905, denying the said defendants’ motion for a new trial made upon the minutes. . '
1Opinion of the Court
Patterson, J.:
This is an appeal from a judgment entered on a verdict in favor of the plaintiff on a second trial of the action, which was brought on a written instrument in the following words: ..
“ New York,. Nov. 24, 1874.
“Received from Mr. Levi Jacobs Fifteen hundred dollars — on deposit at 7%.
• “(Signed) DESSAR, STERN & CO.”
*11Lévi Jacobs died on the 23d of April, 1892. After his death, the writing or instrument above quoted was found in a pocketboolc with other .papers relating to his affairs. It.was never presented by any one for payment, so far as appears, until 1894, if then. "The action…
2Cases cited2 opinions
- President of Grafton Bank v. DoeSupreme Court of Vermont · 1847
- Rosenstock v. DessarAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by5 opinions
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- Olko v. Citibank, N.A.Appellate Division of the Supreme Court of the State of New York · 2007
- Oneida National Bank & Trust Co. v. KranzNew York Supreme Court · 1972
- Forbes v. ReynardAppellate Division of the Supreme Court of the State of New York · 1906
- Morse v. National Central BankBaltimore City Superior Court · 1925