Barnes v. Cushing
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Harry S. Barnes and another, as executors, etc., of Joseph O. Barnes, deceased, and by the defendant Thomas W. Cushing, from a judgment of the Supreme Court, entered in the office of the. clerk of the county of New York on the 7th day of December, 1898, upon the report of a referee.
1Opinion of the Court
Ingraham, J.:
The facts in this case are not disputed. Prior to the year 1880, the First ¡National Bank of Buffalo had been designated by the Canal Board to receive deposits of canal moneys collected at Buffalo, and as such depository had.received on deposit a portion of the canal tolls in each year. On the. 20th day of March, 1880, the Canal Board by resolution duly designated and selected the said bank and other banks at Buffalo as “toll-deposit.” banks; and in pursuance of that resolution a contract was made on the 30th day of March, 1880, between the said bank and the People of the State.…
2Cases cited2 opinions
- National Mechanics' Banking Ass'n v. ConklingNew York Court of Appeals · 1882
- Aspinwall v. . SacchiNew York Court of Appeals · 1874
3Cited by4 opinions
- First National Bank v. StoryNew York Supreme Court · 1907
- Barnes v. CushingAppellate Division of the Supreme Court of the State of New York · 1902
- Condit v. GoodwinNew York Supreme Court · 1904
- Ross v. Worth Electric Supply Co.Civil Court of the City of New York · 1979