La Montagne v. Bank of New York National Banking Ass'n
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 30, 1904, upon an order reversing a judgment in favor of plaintiffs entered upon the report of a referee and directing a dismissal of the complaint. Action by the general members of a limited copartnership to recover an alleged balance of deposits.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 30, 1904, upon an order reversing a judgment in favor of plaintiffs entered upon the report of a referee and directing a dismissal of the complaint. Action by the general members of a limited copartnership to recover an alleged balance of deposits. The undisputed facts, as stated in the dissenting opinion and approved in the prevailing opinion below, are as follows: “On and prior to June 22nd, 1892, three of the plaintiffs, Edward La Montague, Jr., Plennan Clarke and Wallace B.…
1Opinion of the CourtVann, J.
When the new firm indorsed the certified check for $200,000 and deposited it with the defendant, a contract was thereby made between the parties thereto whereby the bank agreed to pay that sum or any part thereof to said firm upon demand. That contract was not modified by the statement, whether casually made or not, that although the copartnership papers had been signed, the certificate of limited copartnership could not be filed until the next day, and the firm would not commence business for two or three days. In view of the fact that the firm had already commenced to do business with the…
2Cases cited1 opinion
- Ross v. . CaywoodNew York Court of Appeals · 1900
3Cited by5 opinions
- Stringer v. StevensonCourt of Appeals for the Second Circuit · 1917
- Fidelity & Deposit Co. v. Queens County Trust Co.Appellate Division of the Supreme Court of the State of New York · 1916
- La Montagne v. Bank of New YorkAppellate Division of the Supreme Court of the State of New York · 1910
- McGhee v. MontgomerySupreme Court of South Carolina · 1910
- Sweeney v. National City Bank of TroyAppellate Division of the Supreme Court of the State of New York · 1942