Morgan v. . the Bank of the State of New-York
New York Court of Appeals
Action in the superior court of the city of New-York to recover the sum of $716.92, deposited by the plaintiff in the defendant’s bank prior to April 29, 1852. The answer alleged that the defendant paid the moneys in the complaint mentioned to the order of the plaintiff.
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Action in the superior court of the city of New-York to recover the sum of $716.92, deposited by the plaintiff in the defendant’s bank prior to April 29, 1852. The answer alleged that the defendant paid the moneys in the complaint mentioned to the order of the plaintiff. Upon the trial before Mr. Justice Duer, it was admitted by the defendant, that the plaintiff deposited in its bank the sum above mentioned at the time stated, and that the plaintiff before suit requested payment of the same, which was refused. The defendant produced two checks which were admitted to be signed by the…
1Opinion of the CourtJohnson, J.
The bank had received from the plaintiff deposits of cash amounting to $716.92, and were consequently indebted to him in that amount. To an action for this sum they claimed, by way of defense, to have paid the amount by the plaintiff’s order. This defense they failed to prove upon the trial. They proved an order .by the plaintiff to pay the money to G. W. Corlies & Co., or their order, and the payment of the money thereupon to somebody, but did not prove that the money was paid to G. W. Corlies & Co., or their order. On the contrary,_the plaintiff proved that the indorsements of the checks…
2Cited by6 opinions
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- Corn Exchange Bank v. . Nassau BankNew York Court of Appeals · 1883
- Susquehanna Valley Bank v. . LoomisNew York Court of Appeals · 1881
- Laue v. NufferCity of New York Municipal Court · 1889
- Thomson v. Bank of British North AmericaThe Superior Court of New York City · 1879
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