Legal Opinion

Bowes v. National City Bank

New York Supreme Court

Decided September 21, 1938PublishedCited by 2 opinions

1Opinion of the CourtVan Voorhis, J.

In order to decide this motion it is necessary to consider what matters concerning which plaintiff seeks to examine defendant before trial are material and necessary to the prosecution of the action.

The complaint alleges that plaintiff’s intestate, Henry W. Bowes, was indebted to the defendant for money loaned upon his promissory note in the amount of $84,053.12, which was secured by collateral consisting of stocks and bonds which had at the time of his death a market value of approximately $153,662.75; that after the appointment of the plaintiff as administrator the said securities…

2Cases cited14 opinions

  1. Wheeler v. . NewbouldNew York Court of Appeals · 1857
  2. Hennequin v. ClewsSupreme Court of the United States · 1884
  3. Willett v. HerrickMassachusetts Supreme Judicial Court · 1927
  4. Dibert v. D'ArcySupreme Court of Missouri · 1913
  5. Gallin v. National City BankNew York Supreme Court · 1934

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3Cited by2 opinions

  1. Bennice v. Lakeshore Savings & Loan Ass'nAppellate Division of the Supreme Court of the State of New York · 1998
  2. Barrett v. MatsonNew York Supreme Court · 1942

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