Tobin v. Manhattan Savings Institution
New York Court of Common Pleas
Appeal from city court, general term. Action by William B. Tobin against the Manhattan Savings Institution to recover moneys deposited by plaintiff with defendant savings bank, which defendant claimed to have paid on a draft or withdrawal slip purporting to have been signed by plaintiff, but the signature to which plaintiff alleged was a forgery.
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Appeal from city court, general term. Action by William B. Tobin against the Manhattan Savings Institution to recover moneys deposited by plaintiff with defendant savings bank, which defendant claimed to have paid on a draft or withdrawal slip purporting to have been signed by plaintiff, but the signature to which plaintiff alleged was a forgery. From a judgment (23 1ST. Y. Supp. 1165) affirming a judgment for plaintiff, and from an order denying defendant’s motion on the minutes for a new trial on the grounds specified in Code Civil Proc. § 999, defendant appeals.
1Opinion of the CourtBischoff, J.
The judgment of affirmance of the court below precludes any review on this appeal of the weight of the evidence, and the only exception which is available to inquire whether there was any evidence to support a verdict for plaintiff is the one taken on defendant’s behalf to the denial of a motion to dismiss the complaint, made when the cause was finally submitted. A defect in the proof existing at the time of a like motion at an earlier stage of the trial is cured by evidence thereafter adduced by either party. Meyers v. Cohn, 4 Misc. Rep. 185, 186, 23 N. Y. Supp. 996. Plaintiff— by…
2Cases cited6 opinions
- Canajoharie National Bank v. DiefendorfNew York Court of Appeals · 1890
- Appleby v. . Erie County Savings BankNew York Court of Appeals · 1875
- Allen v. . Williamsburgh Savings BankNew York Court of Appeals · 1877
- Myers v. CohnNew York Court of Common Pleas · 1893
- Smith v. . Brooklyn Savings BankNew York Court of Appeals · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Ferguson v. Harlem Savings BankAppellate Terms of the Supreme Court of New York · 1904
- Geitelsohn v. Citizens' Savings BankAppellate Terms of the Supreme Court of New York · 1896
- Watts v. American Security & Trust Co.District of Columbia Court of Appeals · 1946
- Reshofsky v. WeiszNew York Supreme Court · 1907
- Tobin v. Manhattan Savings InstitutionNew York Court of Common Pleas · 1894