La Montagne v. Bank of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Edward La Montagne, Jr., and others, from a judgment of the Supreme Court in. favor of the defendant, entered in the office of the cleric of the county of New York on the 25th day of March, 1910, upon the report of a referee dismissing the complaint.
1Opinion of the Court
Scott, J.:
This case has once been to the Court of Appeals, and its opinion (183 N. Y. 173) contains the law of the case 'which we are bound to follow, unless such new facts' have been established upon the retrial that the former opinion is no longer applicable. We have examined the record with care in-the light of the former opinions, and have. been able to find no new facts which would justify us in applying any different rule of law than that heretofore applied. It is now made clear that the articles of copartnership had' not been signed when the deposit of $200,000 was made to the credit…
2Cases cited1 opinion
- La Montagne v. Bank of New York National Banking Ass'nNew York Court of Appeals · 1905
3Cited by1 opinion
- Sweeney v. National City Bank of TroyAppellate Division of the Supreme Court of the State of New York · 1942