Kelly v. National Bank of Whitehall
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The National Bank of Whitehall, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Washington on the 19th day of September, 1919, upon the decision of the court rendered after a trial at the Saratoga Special Term sustaining the demurrer of the plaintiff to the first, second and third defenses in the amended answer.
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Appeal by the defendant, The National Bank of Whitehall, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Washington on the 19th day of September, 1919, upon the decision of the court rendered after a trial at the Saratoga Special Term sustaining the demurrer of the plaintiff to the first, second and third defenses in the amended answer. This action was brought to recover damages for the refusal of the defendant to pay a check drawn on it by the plaintiff, a depositor.
1Per curiam
No connection appears between the Baskt transaction of April 12, 1919, and the amount of the deposit which plaintiff had May 8, 1919, in the defendant bank. There is nothing to indicate that the plaintiff relies on the Baskt transaction to make good his claim that his check of May eighth should have been paid by the bank. It may be that on the trial the Baskt transaction will become relevant. If so the facts can be *761proved by the defendant under the denials of its amended answer. As a matter of pleading, however, the defendant has failed to show the relevancy of that transaction.
The defendant…
2Cases cited1 opinion
- Morgan Munitions Supply Co. v. Studebaker Corporation of AmericaNew York Court of Appeals · 1919
3Cited by2 opinions
- Levine v. BehnAppellate Division of the Supreme Court of the State of New York · 1939
- Blanchard v. City of Saratoga SpringsAppellate Division of the Supreme Court of the State of New York · 1934