Ellis v. Phenix National Bank
New York Court of Common Pleas
Appeal from a judgment of this court entered upon the decision of a judge upon a trial by the court without a jury. The facts are stated in the opinion.
1Opinion of the Court
Charles P. Daly, Chief Justice.
The evidence sustains the conclusion of Judge Van Brunt that the receiver, on the 5th of December, 1870, put up for sale, and the plaintiff bought for $100, a balance due from the, defendant to the Georgetown Bank of $5,629.28, which was purchased for this small sum, being regarded by the receiver as worthless. Why he so regarded it does not appear in the testimony, beyond the fact, which probably explains his impression, that previously, on the 5th of January, 1865, a balance of $12,117.38, remaining in the defendants’ bank to the credit of the Georgetown Bank,…
2Cases cited2 opinions
- Risley v. . Phenix Bank of City of New YorkNew York Court of Appeals · 1881
- City of Washington v. DennisonSupreme Court of the United States · 1868