Rosenstock v. Dessar
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Edgar H. Rosenstock, as ancillary executor, etc., of Levi Jacobs, deceased, from a judgment of the Supreme Court, in favor of the defendants, entered in the office of the clerk of the county of New York on the 26th day of January, 1901, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term, as amended by an order entered in said clerk’s office on the 21st day of February, 1901.
1Opinion of the Court
Hatch, J.:
This is an action brought December 27, 1898, to recover upon a certificate of deposit given by the firm of Dessar, Stern & Co. The certificate reads:
“ New. York, Nov. 24, 1874.
“ Received from Hr. Levi Jacobs Fifteen Hundred dollars — on deposit at 7 per cent.
“ (Signed)
DESSAR, STERN & CO.”
*502This firm.- was engaged in the mercantile business in the city of New York. Jacobs was'a small dealer and pedler, who resided in New York at that time, but who subsequently removed' to Barton, Vt., and from there to North Stratford, N. EL, where he died on the 23d day of April, 1892. It is…
2Cases cited4 opinions
- Boughton v. . FlintNew York Court of Appeals · 1878
- Bean v. . TonneleNew York Court of Appeals · 1884
- Zebley v. Farmers' Loan & Trust Co.New York Court of Appeals · 1893
- Newcombe v. FoxAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by3 opinions
- Brinkman v. CramAppellate Division of the Supreme Court of the State of New York · 1916
- Rosenstock v. DessarAppellate Division of the Supreme Court of the State of New York · 1905
- D & I Fashions Inc. v. JP Morgan Chase BankCivil Court of the City of New York · 2009