La Montagne v. Bank of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Bank of New York, National Banking Association, frdm a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 22d day of June, 1903, upon the report of a referee.
1DissentHatoh, J.
(dissenting) :
This is an action at law, brought by the general partners, of a limited partnership against the defendant,t a national, banking association, to recover the sum of $60,000 alleged to be due from the defendant as a balance of deposits made by the plaintiffs. The facts are as follows: On and prior to June 22,1892, three of the plaintiffs,. Edward La Montague, Jr., Herman Clarke and Wallace B. Smith
*227were carrying on business, as brokers, under the firm name of La Montague, Clarke & Co. On the 22d of June, 1892, the three plaintiffs above named together with Elisha M. Fulton, Sr., and…
2Cases cited12 opinions
- Shipman v. Bank of New YorkNew York Court of Appeals · 1891
- Quin v. . LloydNew York Court of Appeals · 1869
- White v. . EisemanNew York Court of Appeals · 1892
- Beals v. . the Home Insurance Co.New York Court of Appeals · 1867
- Arnold v. . NicholsNew York Court of Appeals · 1876
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