Butterworth v. Warth
The Superior Court of New York City
The defendant moves at Special Term . on a-.case, and on affidavits of newly discovered evidence, for a new trial. The action is brought by the plaintiff, as Receiver of the property and effects of the Island City Bank, against one H. Anton Miller, as the maker, and defendant Warth as the indorser of a note for $550, dated June 13, 1857, at three months, to recover the amount of such note and interest, which note the Bank owned when the plaintiff was appointed Receiver,…
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The defendant moves at Special Term . on a-.case, and on affidavits of newly discovered evidence, for a new trial. The action is brought by the plaintiff, as Receiver of the property and effects of the Island City Bank, against one H. Anton Miller, as the maker, and defendant Warth as the indorser of a note for $550, dated June 13, 1857, at three months, to recover the amount of such note and interest, which note the Bank owned when the plaintiff was appointed Receiver, (September 25,1857,) and which was then past due. The defense was, that on or about the 22d day of August, 1857, the…
1Opinion of the Court
Bosworth, Ch. J.
I think the verdict is against evidence, if it be assumed that the evidence shows, that on the day on which, as the defendant testified, he left in the Island City Bank $300, to be deposited to his credit, the Bank’s balance account for the day showed an excess in its favor of $749.88. The bookkeeper testified that the footings in the book of the Bank produced, showed a deficiency against the Bank, of twelve cents. That was true, and only true because the items were erroneously footed. He testified in good faith, and his statement of the result shown by the books, was taken as…
2Cases cited1 opinion
- Kennedy v. Harlem RailroadThe Superior Court of New York City · 1854