Legal Opinion

Salter v. Bronx National Bank

Appellate Division of the Supreme Court of the State of New York

Decided May 31, 1912Published

Appeal by the plaintiff, Benjamin Salter, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office óf the clerk of the county of New York on the 23d day of February,' 1912, upon the decision of the court, rendered after a trial at the New York Special Term, sustaining the defendant’s demurrer to the complaint upon the ground of improper joinder of causes of action.

1Opinion of the Court

Clarke, J.:

The first cause of action set up in the complaint alleges that the defendant is a National bank; that at divers times between the 10th day of February, 1910, and the 1st day of November, 1910, the plaintiff delivered various sums of money to the defendant, which it received on deposit, and agreed to repay to this plaintiff, or to his order, on demand; that on the 10th of February, 1911, there remained in the-hands of the defendant of the said money so deposited a balance -undrawn of $5,059.15; that on that day plaintiff duly demanded repayment of said balance; that defendant has…

2Cases cited8 opinions

  1. Kranz v. LewisAppellate Division of the Supreme Court of the State of New York · 1906
  2. De Wolfe v. . AbrahamNew York Court of Appeals · 1896
  3. Edison Electric Illuminating Co. v. Franklin H. Kalbfleisch Co.Appellate Division of the Supreme Court of the State of New York · 1907
  4. Barkley v. WilliamsNew York Supreme Court · 1900
  5. Crowell v. TruesdellAppellate Division of the Supreme Court of the State of New York · 1902

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