A. Sidney Davison Coal Co. v. National Park Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The National Park Bank of New York, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 1st day of February, 1922, denying its motion for judgment on the pleadings, consisting of the complaint, answer and amended reply, and on the bill of particulars of plaintiff’s defense to the defendant’s counterclaim and a stipulation with respect to the status of…
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Appeal by the defendant, The National Park Bank of New York, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 1st day of February, 1922, denying its motion for judgment on the pleadings, consisting of the complaint, answer and amended reply, and on the bill of particulars of plaintiff’s defense to the defendant’s counterclaim and a stipulation with respect to the status of plaintiff’s deposit account with defendant.
1Opinion of the Court
Laughlin, J.:
The plaintiff had a deposit account with the defendant, and on the 5th of October, 1921, defendant paid and charged thereto a trade acceptance or draft, payable that day, for $17,000, drawn by the Reilly-Peabody Fuel Company of Pittsburgh, Penn., on or about the 5th of July, 1921, on plaintiff, and duly accepted by it, payable at the bank of the defendant. The plaintiff, claiming to have notified the defendant not to pay the draft, brought this action to recover the balance of its account as the same would have been if that item had not been charged thereto. The defendant pleaded…
2Cases cited3 opinions
- Dineen v. MayAppellate Division of the Supreme Court of the State of New York · 1912
- Heinrich v. First National BankNew York Court of Appeals · 1916
- Wells v. CaroAppellate Terms of the Supreme Court of New York · 1911
3Cited by11 opinions
- Sherrill v. FRANK MORRIS, ETC.Supreme Court of Alabama · 1978
- Cohen v. ErdleAppellate Division of the Supreme Court of the State of New York · 1953
- Capital Bank v. SchulerDistrict Court of Appeal of Florida · 1982
- Samuel Kronman & Co. v. Public National BankAppellate Division of the Supreme Court of the State of New York · 1926
- All American Securities Co. v. Foundation Co.Appellate Division of the Supreme Court of the State of New York · 1925
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