Legal Opinion

Coons v. First National Bank of Philmont

Appellate Division of the Supreme Court of the State of New York

Decided November 11, 1926PublishedCited by 7 opinions

1Opinion of the CourtVan Kirk, J.

The action is brought to recover damages alleged to have been suffered by the plaintiff through the negligence of the defendant; the plaintiff deposited in safety deposit box No. 27; in the banking house of defendant, certain securities which were taken from that box by burglars and which have not been recovered or restored to plaintiff. The cause of action to be alleged is one in bailment. The relation between a bailor and a bailee is fixed by contract, either express or implied, and the rights and liabilities *284of the parties must be determined from the terms of the contract, if express, or,…

2Cases cited3 opinions

  1. Lawrence v. . FoxNew York Court of Appeals · 1859
  2. First Nat. Bank v. . Ocean Nat. BankNew York Court of Appeals · 1875
  3. Green v. . ClarkeNew York Court of Appeals · 1855

3Cited by7 opinions

  1. Sagendorph v. First National Bank of PhilmontAppellate Division of the Supreme Court of the State of New York · 1926
  2. Berger v. 34th Street Garage, Inc.Appellate Division of the Supreme Court of the State of New York · 1948
  3. Rozsa v. May Davis Group, Inc.District Court, S.D. New York · 2001
  4. Liberman v. WordenAppellate Division of the Supreme Court of the State of New York · 2000
  5. Radelman v. Manufacturers Hanover Trust Co.Appellate Terms of the Supreme Court of New York · 1969

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