Mathot v. North River Bank
City of New York Municipal Court
Action by Louis Mathot against the North River Bank. John Sharp and others procured an attachment in this court against the property of Henry A. Gentil for $372.92, and caused a copy thereof, with the proper notice, to be served on the defendant March 23, 1889. On that day Gentil deposited with'the defendant $120, which made his account $132.67., On March 25, 1889, Gentil drew a check to the plaintiff for $120, and executed to him an assignment of the fund on deposit to that…
Read the full summary
Action by Louis Mathot against the North River Bank. John Sharp and others procured an attachment in this court against the property of Henry A. Gentil for $372.92, and caused a copy thereof, with the proper notice, to be served on the defendant March 23, 1889. On that day Gentil deposited with'the defendant $120, which made his account $132.67., On March 25, 1889, Gentil drew a check to the plaintiff for $120, and executed to him an assignment of the fund on deposit to that extent. The plaintiff sues to recover the $120, and the defendant moves to interplead the attaching creditors,1 and to…
1Opinion of the CourtMcAdam, C. J.
The defendant was bound to know how much money it had on deposit to the credit of Gentil at the time the attachment was served, so as to be able to give a truthful certificate thereof. Code, §§ 650, 651. Its neglect to perform this duty estops it from alleging its ignorance of the fact which performance would have made known. 1 Wait, Pr. 170. If the defendant had performed its duty, it could have determined for itself the question it now seeks to have determined by others at their expense. The attachment only bound the money which the defendant had on deposit when the attachment was served. A…
2Cited by1 opinion
- Excelsior Steam Power Co. v. Cosmopolitan Pub. Co.New York Supreme Court · 1894