Davenport v. Prentice
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, as receiver of the Bank of Staten Island from a judgment of the Supreme Court, entered in the clerk's office of Kings county on January 14, 1909, and also from an order entered in said office on January 13, 1909, denying his motion for a new trial.
1DissentRich, J.
I am unable to concur in the decision to be made in this case. The evidence is substantially the same as that given upon the former trial (126 App. Div. 451), and the law of the case has been established, There are three classes of damages embraced in the plaintiff's alleged cause of action: First, those sustained through the fraudulent loans, which the plaintiff recovered upon both trials, and which we may dismiss from further consideration; second, those sustained through the theft and conversion of the securities of the bank by its cashier, which the plaintiff recovered on the first trial…
2Cases cited3 opinions
- Bulkley v. Whiting Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Davenport v. PrenticeAppellate Division of the Supreme Court of the State of New York · 1908
- Lee v. JacobAppellate Division of the Supreme Court of the State of New York · 1899