Legal Opinion

White v. . Ambler

New York Court of Appeals

Decided March 5, 1853PublishedCited by 9 opinions

This action was brought to recover a supposed balance due from the defendant to the Canal Bank of Albany. It was tried at the Albany circuit in June, 185 i, before -Mr. Justice Harris.

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This action was brought to recover a supposed balance due from the defendant to the Canal Bank of Albany. It was tried at the Albany circuit in June, 185 i, before -Mr. Justice Harris. Oh the trial the plaintiff produced the cash book of the bank, and proved the deposit by the'defendant in the Canal Bank of $297 and $245, making $542, on the third day of July, 1848, and a check drawn by the defendant upon the bank, dated the same day, for $642, the execution of which was admitted. The plaintiff" then gave in evidence the books of the bank from^ January 29, 1847, to the time of the failure of…

1Opinion of the CourtGardiner, J.

The declaration was for money lent and money had and received.

The plaintiff produced a cash receipt book belonging to the Canal Bank, and proved two entries to the credit of the defendant, amounting to five hundred and forty-two dollars: then a check of the same date of the deposit made by the defendant, for six hundred and forty-two dollars, the execution of which was submitted: then a clerk of the receiver testified that a book produced was ledger G of the Canal Bank, containing the account of the defendant with the bank; that the balance against the defendant on this book was |100. The…

2Cited by9 opinions

  1. Bates v. PrebleSupreme Court of the United States · 1894
  2. State Bank of Pike v. . BrownNew York Court of Appeals · 1901
  3. Wallabout Bank v. PeytonAppellate Division of the Supreme Court of the State of New York · 1908
  4. Gueley v. MacLennanCourt of Appeals for the D.C. Circuit · 1900
  5. Wallabout Bank v. PeytonAppellate Division of the Supreme Court of the State of New York · 1908

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