Coleman v. . First National Bank of Elmira
New York Court of Appeals
Appeal from judgment, in favor of plaintiff, of the General Term of the Supreme Court in the third judicial department, entered upon an order denying motion for a new trial and directing judgment upon a verdict. This action was brought to recover the sum of $570, alleged to have been deposited by plaintiff with defendant.
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Appeal from judgment, in favor of plaintiff, of the General Term of the Supreme Court in the third judicial department, entered upon an order denying motion for a new trial and directing judgment upon a verdict. This action was brought to recover the sum of $570, alleged to have been deposited by plaintiff with defendant. The plaintiff, on March 7,1867, went to the First National Bank of Elmira, the defendant, for the purpose of depositing the sum of $570. That sum was in a draft; the plaintiff presented the same to the teller of the bank, saying that he wanted to deposit it in the bank; the…
1Opinion of the CourtAndrews, J.
The certificate given to the plaintiff at the time of the deposit is not signed by Van Campen in his official character, but is in form an acknowledgment that the plaintiff had deposited with him the money claimed in this action, coupled with his personal undertaking to repay the amount deposited with interest according to the terms of the certificate. The bank is not named in it, nor is there anything on its face which indicates that the money had been deposited with the bank, or that it had assumed any obligation in respect thereto. The learned judge at the trial submitted to the jury the…
2Cases cited1 opinion
- Gates v. . BrowerNew York Court of Appeals · 1853
3Cited by54 opinions
- Briggs v. . PartridgeNew York Court of Appeals · 1876
- Milliken v. Western Union Telegraph Co.New York Court of Appeals · 1888
- Hankinson v. . VantineNew York Court of Appeals · 1897
- Brady v. . NallyNew York Court of Appeals · 1896
- Lindquist v. DicksonSupreme Court of Minnesota · 1906
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