The Oneida Bank v. . the Ontario Bank
New York Court of Appeals
Appeal from a judgment of the Supreme Court, sitting in the fifth district, in favor of the defendant, after a verdict in the plaintiff’s favor, for $14,255, had been taken at the Oneida Circuit, subject to the opinion of the court.
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Appeal from a judgment of the Supreme Court, sitting in the fifth district, in favor of the defendant, after a verdict in the plaintiff’s favor, for $14,255, had been taken at the Oneida Circuit, subject to the opinion of the court. For the purpose of a review in this court, a statement of facts was prepared and filed with the judgment roll, according to the requirement of the Code of Practice (Code of 1858, § 388). The following principal facts appeared from that statement; The plaintiff and defendant were banks doing business in the city of Utica, the former under a special charter passed…
1Opinion of the Court
Comstock, Oh. J.
The counsel for the defendant insisted, in the court below, and he has also claimed in- this court, that none of the dealings in question occurred between the plaintiff ahd the defendant; in other words, that Perry lent the money represented by the drafts, and that the plaintiff discounted the drafts for him. In this view of the case, it is urged -that the action must fail, first, because the drafts are void, and, secondly, because there was no loan or advance of money between the parties tó the suit. I am of opinion that this is the correct theory of the facts of the case. We…
2Cases cited7 opinions
- Tracy v. . TalmageNew York Court of Appeals · 1856
- Inhabitants of Reading v. Inhabitants of WestonSupreme Court of Connecticut · 1829
- Smith v. Van LoanNew York Supreme Court · 1837
- Butler v. RawsonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Hackley v. DraperNew York Court of Appeals · 1875
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3Cited by58 opinions
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- Pangborn v. WestlakeSupreme Court of Iowa · 1873
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- Irwin v. . CurieNew York Court of Appeals · 1902
- In Re Indian Territory Illuminating Oil Co.Supreme Court of Oklahoma · 1914
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