Ulster County Savings Institution v. Ostrander
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Ulster County Savings Institution, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Ulster on the 15th day of April, 1895, upon the dismissal of its complaint upon the merits, directed by the court after a trial at the Ulster Circuit, and also from an order entered in said clerk’s office on the 15th day of April, 1895, dismissing the complaint upon the merits.
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Appeal by the plaintiff, The Ulster County Savings Institution, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Ulster on the 15th day of April, 1895, upon the dismissal of its complaint upon the merits, directed by the court after a trial at the Ulster Circuit, and also from an order entered in said clerk’s office on the 15th day of April, 1895, dismissing the complaint upon the merits. The facts are more particularly stated in the dissenting opinion of Merwin, J.
1Dissent
Merwin, J. (dissenting):
This action is upon a bond, dated July 16, 1867, executed and delivered by the defendants James E. Ostrander and Augustus H. Bruyn and one Jansen Hasbrouck, now deceased, to the plaintiff, in the penal sum of $25,000. After the formal part, the recital and condition are as follows :
“ Whereas, the above bounden James E. Ostrander has been chosen and appointed treasurer of the Ulster County Savings Institution, by reason whereof divers sums of money, goods and chattels and other things, the property of the said institution, will come into his hands:
“Now, therefore, the…
2Cases cited9 opinions
- Woolsey v. . FunkeNew York Court of Appeals · 1890
- National Mechanics' Banking Ass'n v. ConklingNew York Court of Appeals · 1882
- Western New York Life Insurance v. ClintonNew York Court of Appeals · 1876
- Welch v. SeymourSupreme Court of Connecticut · 1859
- Crist v. BurlingameNew York Supreme Court · 1862
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