Bates v. . First National Bank of Brockport
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, in favor of plaintiff, entered upon an order made December 31,1880, which denied a motion for a new trial and directed judgment, on a verdict.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, in favor of plaintiff, entered upon an order made December 31,1880, which denied a motion for a new trial and directed judgment, on a verdict. (Reported below, 23 Hun, 420.) This action was brought to recover the amount of certain deposits alleged to have been made by plaintiff with defendant. ’ The facts disclosed by plaintiff’s evidence were substantially as follows: The plaintiff received from the administrator of her father’s estate, by checks signed by him as administrator and payable to her…
1Opinion of the CourtFinch, J.
The evidence excluded upon the trial was admissible, if at all, upon the assumption that the husband, who brought the fund for deposit, was either its real owner, or entitled to be dealt with as such by the bank. In such event he could have dictated the terms of the deposit and the manner of its withdrawal, and the bank accepting the arrangement, and acting upon vouchers made accordingly, could have reasonably expected protection. But if the husband came as agent, and not as owner, or the attending circumstances were such as to charge the bank with knowledge of his real relation to the fund,…
2Cited by7 opinions
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- Brown v. DaughertyU.S. Circuit Court for the District of Missouri · 1903
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- Continental Nat. Bank v. NevilleCourt of Appeals for the Ninth Circuit · 1923
- First National Bank v. ConnollyOregon Supreme Court · 1942
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