Martin v. . Home Bank
New York Court of Appeals
Appeal from a judgment of tne Appellate Division of the Supreme Court in the first judicial department, entered June 17, 1898, affirming a judgment in favor of plaintiffs entered upon a verdict directed by the court, and an order denying a motion for a new trial. The nature of the action ana the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of tne Appellate Division of the Supreme Court in the first judicial department, entered June 17, 1898, affirming a judgment in favor of plaintiffs entered upon a verdict directed by the court, and an order denying a motion for a new trial. The nature of the action ana the facts, so far as material, are stated in the opinion. Negligence in not duly collecting a check was the gravamen of this action, and the burden was on plaintiff to establish a collection agreement, negligence and the resulting damages. (S. & R. on Neg. chap. 30; Kirkham v. Bank of America, 26 App.…
1Opinion of the CourtO’Brien, J.
The plaintiffs’ testator, William Campbell, brought this action to recover from the defendant the sum of $4,925, which he claimed was paid by him to the defendant by mistake of fact. The original plaintiff died during the pendency of the action, and his executors, the present plaintiffs, were substituted in his place. The courts below have sustained the claim and awarded judgment against the defendant.
The facts upon which the judgment rests were undisputed, and at the close of the case the learned trial judge directed a verdict for the plaintiffs, and there was no request by either party to…
2Cases cited18 opinions
- Gould v. . Cayuga County National BankNew York Court of Appeals · 1881
- Reeder v. . SayreNew York Court of Appeals · 1877
- Adams v. . Irving National BankNew York Court of Appeals · 1889
- Thomas v. . NelsonNew York Court of Appeals · 1877
- Knickerbocker Life Ins. Co. v. . NelsonNew York Court of Appeals · 1879
13 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Rentways, Inc. v. O'Neill Milk & Cream Co.New York Court of Appeals · 1955
- Telaro v. TelaroNew York Court of Appeals · 1969
- Persky v. Bank of America National Ass'nNew York Court of Appeals · 1933
- Geoffrey N. Calvert v. Katy Taxi, Inc., a Corporation, George Austin, Kenneth Hamblin and Geraldine DufekCourt of Appeals for the Second Circuit · 1969
- Ex Parte JenkinsSupreme Court of Alabama · 2009
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