Forschirm v. Mechanics & Traders' Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Mechanics and Traders’ Bank of the City of New York, from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 29th day of June, 1909, affirming a judgment of the-City Court of the city of New York in favor of the plaintiff, entered on the 5th day of January, 1909, and also (as stated-in the notice of appeal) from the judgment of affirmance of the City Court entered in said City…
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Appeal by the defendant, the Mechanics and Traders’ Bank of the City of New York, from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 29th day of June, 1909, affirming a judgment of the-City Court of the city of New York in favor of the plaintiff, entered on the 5th day of January, 1909, and also (as stated-in the notice of appeal) from the judgment of affirmance of the City Court entered in said City Court on the 8th day of July, 1909.
1Opinion of the Court
Miller, J.:
The stipulation made at the suggestion of the court at the opening of the case is somewhat ambiguous, as oral stipulations made in the course of the trial are apt to be; but I think the fair inference from it is that the bank closed its doors and suspended payment ' because the Bank Superintendent, “ stepped in.” In any event, it is plain that the defendant did not intend, and was not understood, to stipulate that the action of the bank was voluntary. The answer distinctly alleged that the defendant’s inability to pay-was due to -no fault of -its own; but solely to the acts of the…
2Cases cited6 opinions
- In Re the Trustees of the New York & Brooklyn Bridge to Acquire Lands of ClarkNew York Court of Appeals · 1893
- Cutter v. . the Mayor, Etc., of N.Y.New York Court of Appeals · 1883
- People v. . Merchants' Trust Co.New York Court of Appeals · 1907
- Sickles v. . HeroldNew York Court of Appeals · 1896
- Grote v. . City of New YorkNew York Court of Appeals · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Tuzzeo v. . American Bonding Co.New York Court of Appeals · 1919
- In re HowardDistrict Court, N.D. New York · 1913
- Gormley v. EisonSupreme Court of Georgia · 1939
- Mechanics' Bank v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1914
- Cleary v. Estate of WhiteSupreme Court of Connecticut · 1948