Eichner v. Bowery Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Bowery Bank of New York, from a judgment of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York nunc pro tuna as of the 28th day of April, 1897, reversing a judgment of the General Term of the City Court of the city of New York, entered in the office of the clerk of the City Court of New York on the 18th day of December, 1896, which latter judgment affirmed a judgment of the Special Term of the…
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Appeal by the defendant, The Bowery Bank of New York, from a judgment of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York nunc pro tuna as of the 28th day of April, 1897, reversing a judgment of the General Term of the City Court of the city of New York, entered in the office of the clerk of the City Court of New York on the 18th day of December, 1896, which latter judgment affirmed a judgment of the Special Term of the City Court of New York sustaining a demurrer to the complaint on the ground that it did not state facts sufficient to…
1Opinion of the Court
Williams, J.:
The action was brought to recover damages alleged to have been suffered by the plaintiff by reason of the non-payment by the defendant of plaintiff’s check, drawn to the order of Fields, Chapman & Fenner, and by reason of the statement to the said payees by the defendant that there were no funds- in the bank to meet the check. The appellant claims that the action was merely one for damages caused by the non-payment of the check, while the respondent *64claims it was one to recover damages for slander of the plaintiff in his occupation of trader or merchant. The complaint alleged, in…
2Cases cited1 opinion
- Rowley v. National Bank of DepositNew York Supreme Court · 1892
3Cited by6 opinions
- Southwestern Telegraph & Telephone Co. v. LongCourt of Appeals of Texas · 1915
- Kharas v. Barron G. Collier, Inc.Appellate Division of the Supreme Court of the State of New York · 1916
- O'Brien v. B. L. M. Bates Corp.Appellate Division of the Supreme Court of the State of New York · 1925
- Goodwin v. CobeCity of New York Municipal Court · 1898
- Maymí Martínez v. Banco PopularSupreme Court of Puerto Rico · 1944
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