Fidelity & Deposit Co. v. Queens County Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Queens County Trust Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 14th day of December, 1914, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 11th day of December, 1914, denying defendant’s motion for a new trial made upon the minutes, and also from a second order entered in said…
Read the full summary
Appeal by the defendant, Queens County Trust Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 14th day of December, 1914, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 11th day of December, 1914, denying defendant’s motion for a new trial made upon the minutes, and also from a second order entered in said clerk’s office on the same day granting plaintiff an extra allowance of costs herein.
1Opinion of the Court
Mills, J.:
The action was brought by a surety company against the defendant trust company to recover the amount of certain checks which Robert J. Peebles, a trustee in bankruptcy, having the funds of the bankrupt estate on deposit with the *162defendant in the name of “Robert J. Peebles, Trustee,” had. drawn out of that account, to himself or manifestly for his own individual purposes, and which the plaintiff, upon the default of the trustee, had been compelled to repay to the bankrupt estate, such trustee having died insolvent.
• Quite an amount of evidence was introduced by plaintiff, much of it…
2Cases cited13 opinions
- Bischoff v. . Yorkville BankNew York Court of Appeals · 1916
- Duckett v. National Mechanics' BankCourt of Appeals of Maryland · 1897
- Havana Central Railroad v. Knickerbocker Trust Co.New York Court of Appeals · 1910
- American Nat. Bank v. Fidelity & Deposit Co.Supreme Court of Georgia · 1907
- State Nat. Bank of Springfield v. DodgeSupreme Court of the United States · 1888
8 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- National Surety Co. v. National City Bank of BrooklynAppellate Division of the Supreme Court of the State of New York · 1918
- In re the Estate of KrugerNew York Surrogate's Court · 1931
- E. Moch Co. v. Security BankAppellate Division of the Supreme Court of the State of New York · 1917
- Gilliland v. Lincoln-Alliance Bank & Trust Co.New York Supreme Court · 1932