Messenger v. Fourth National Bank
New York Court of Common Pleas
Appeal by plaintiffs from an order of this court made at special term by Chief Justice Chables P. Daly, denying a motion to set aside a verdict, and direct a new trial, in an action tried before him with a jury. The action was brought by the plaintiffs against the defendant, to recover an alleged balance of deposit amounting to $14,830, due to the plaintiffs on their account with the defendant.
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Appeal by plaintiffs from an order of this court made at special term by Chief Justice Chables P. Daly, denying a motion to set aside a verdict, and direct a new trial, in an action tried before him with a jury. The action was brought by the plaintiffs against the defendant, to recover an alleged balance of deposit amounting to $14,830, due to the plaintiffs on their account with the defendant. The defendant by its answer admitted that the plaintiffs had had that sum on deposit with it, but alleged that they had made and delivered their check for the whole, which check was made payable to one…
1Opinion of the CourtBobinson, J.
In November, 1867, one F. S. Freese, being the creditor of the New Jersey Stock Yard and Market Company, in the sum of $12,500, or $12,400, and of Joseph McPherson, its superintendent, individually in about $2,900, demanded payment of him, and accepted towards payment the joint note of said McPherson and William B. Arthur, the President of said Stock Yard and Market Company, for $15,000, payable to his order at thirty days. He applied to plaintiff to •discount it, who agreed to have it discounted at the bank, if changed to a note of like amount and date, payable to their order. It was…
2Cited by12 opinions
- Moses v. Central Park, North & East River RailroadNew York Court of Common Pleas · 1893
- Stromblad v. Hanover Fire InsuranceNew York Supreme Court · 1923
- Dixson v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1902
- Hapgoods v. LuschAppellate Division of the Supreme Court of the State of New York · 1907
- Rubenfeld v. RabinerAppellate Division of the Supreme Court of the State of New York · 1898
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