Otto v. Lincoln Savings Bank
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtClose, P. J.
The plaintiff appeals from an order which denied his motion to strike out the defendant’s answer and for summary judgment, and dismissed his complaint. The action is brought to recover the amount of a bank deposit. The complaint was dismissed upon the theory that the defendant had offset the amount of the plaintiff’s deposit against debts allegedly due from the plaintiff to the bank and consequently it was not indebted to him.
In 1907 the plaintiff executed and delivered to the defendant two bonds and mortgages, each for the amount of $6¡500. The mortgages were each a lien on separate parcels…
2Cases cited12 opinions
- Gerseta Corporation v. Equitable Trust Co.New York Court of Appeals · 1926
- Jordan v. . National Shoe and Leather BankNew York Court of Appeals · 1878
- Seibert v. . DunnNew York Court of Appeals · 1915
- First Nat. Bank of Utica v. . BallouNew York Court of Appeals · 1872
- De Lavallette v. . WendtNew York Court of Appeals · 1879
7 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Kemper Reinsurance Co. v. CorcoranNew York Court of Appeals · 1992
- Clark v. Manufacturers Trust Co.Court of Appeals for the Second Circuit · 1948
- Schenck v. Coordinated Coverage Corp.Appellate Division of the Supreme Court of the State of New York · 1975
- O'BRIEN v. KemperSupreme Court of Minnesota · 1967
- Steingut v. Guaranty Trust Co. of New YorkDistrict Court, S.D. New York · 1944
11 more not listed; retrieve them via the Exa API.