Legal Opinion
Levine v. Public Bank
Appellate Terms of the Supreme Court of New York
Decided December 22, 1911Published
Appeal from Municipal Court, Borough of the Bronx, Second District. Action by Edward Levine and another against the Public Bank of New York. Judgment for defendant, and plaintiffs appeal. Modified and affirmed.
1Per curiam
At the close of the plaintiffs’, case the defendant rested, without presenting any evidence. The trial justice then stated: >
“You have not proven the amount claimed to be due, that I can see. The relations of debtor and creditor have not been established, and there is no proof of any proper demand.”
We agree with the learned .trial justice that there is a failure of proof on the part of the depositor of the balance due, and also of any proper demand upon the bank for that balance.
“Judgment that the action be dismissed with costs without prejudice to a new action shall be rendered in the…
2Cases cited1 opinion
- Egyptian Flag Cigarette Co. v. ComiskyAppellate Terms of the Supreme Court of New York · 1903