Shipman v. Bank of New York
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial dapartment, entered upon an order made January 13, 1891, which affirmed a judgment in favor of plaintiffs entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial dapartment, entered upon an order made January 13, 1891, which affirmed a judgment in favor of plaintiffs entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The accounts between the plaintiffs and the bank were accounts stated, binding on the plaintiffs, and cannot be impeached except for fraud or-mistake, and the burden of proof was on the plaintiffs to show such fraud or mistake. (Clark v. M. N. Bank, 11 Daly, 239; Harley v. E. N.…
1Opinion of the CourtO’Brien, J.
This appeal brings here for review a judgment of over $223,000, recovered by the plaintiffs against the defendant, upon a state of facts fully found and stated by the referee. in his report, and in regard to which there is little, if any, -serious dispute between the parties. The form of the action is for the recovery of a sum of money which, it is claimed, the defendant undertook, when accepting the plaintiffs’ deposits, to pay to them or upon their order and direction. It has been found, and is admitted on both sides, that on the 7th of April, 1884, the plaintiffs had upon deposit to their…
2Cases cited7 opinions
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