Schrauth v. . the Dry Dock Savings Bank
New York Court of Appeals
. Appeal from judgment of the General Term of the Court of Common Pleas, in and for the city and county of New York, entered upon an order made March 4, 1880, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover the amount of a-deposit made by plaintiff with the defendant. The material facts are stated in the opinion.
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. Appeal from judgment of the General Term of the Court of Common Pleas, in and for the city and county of New York, entered upon an order made March 4, 1880, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover the amount of a-deposit made by plaintiff with the defendant. The material facts are stated in the opinion. Though a determination in a particular case may be against the facts, or without facts to sustain it, it would not be void as rendered without jurisdiction. (Hunt v. Hunt, 72 N. Y. 229.) The money in question having been…
1Opinion of the CourtEarl, J.
In the forepart of April, 1876, the plaintiff deposited in her own name with the defendant about $225, and that sum was credited to her upon the books of the defendant, and also upon a book delivered by it to her. Afterward, one Voss recovered a judgment in the Marine Court of the city of Yew York against Otto Schrauth, plaintiff’s husband, and execution was issued upon such judgment. While the execution was in the hands of the sheriff proceedings supplementary thereto were instituted upon affidavits now assumed to be sufficient. Separate orders were obtained of a judge of the Marine Court,…
2Cited by10 opinions
- Metropolitan Elevated Railway Co. v. Manhattan Elevated Railway Co.New York Court of Common Pleas · 1884
- Duffy v. DawsonNew York Court of Common Pleas · 1893
- Grand Lodge Knights of Pythias v. Manhattan Sav. Inst.The Superior Court of the City of New York and Buffalo · 1895
- People v. Family Fund SocietyAppellate Division of the Supreme Court of the State of New York · 1898
- Wesley v. Beakes Dairy Co., New York County Courts1911
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