Mann v. Franklin Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Frank Mann, as executor, etc., from a judgment of the County Court of Kings county in favor of the defendant, entered in the office of the clerk of the county of Kings on the 11th day of November, 1912, upon the verdict of a jury rendered by direction of the court, both sides having moved for the direction of a verdict, and also from an order entered in said clerk’s office on the 2d day of November 1912, denying plaintiff’s motion for a new trial…
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Appeal by the plaintiff, Frank Mann, as executor, etc., from a judgment of the County Court of Kings county in favor of the defendant, entered in the office of the clerk of the county of Kings on the 11th day of November, 1912, upon the verdict of a jury rendered by direction of the court, both sides having moved for the direction of a verdict, and also from an order entered in said clerk’s office on the 2d day of November 1912, denying plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Stapleton, J.:
The judgment from which the plaintiff appeals was entered upon a verdict directed by the court in favor of the defendant.
The plaintiff’s testator was a depositor in the banking institution of the defendant. On May 26, 1911, the defendant discounted the note of the testator for $3,000, due September 25, 1911. On the due day he paid $300 and obtained a renewal, giving a note for $2,700, due January 25, 1912.
The bank required from the testator a written statement, setting forth his financial condition, before it would give him the credit.
There was evidence which would authorize the…
2Cases cited4 opinions
- Second National Bank of Elmira v. WestonNew York Court of Appeals · 1900
- Bradley v. Seaboard National BankNew York Court of Appeals · 1901
- Cullinan v. FurthmannAppellate Division of the Supreme Court of the State of New York · 1902
- Flatow v. Jefferson BankAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by4 opinions
- In re Proving the Last Will & Testament of JacobsteinAppellate Division of the Supreme Court of the State of New York · 1938
- Misner v. KuchenreutherAppellate Division of the Supreme Court of the State of New York · 1925
- O'Brien v. TildenAppellate Division of the Supreme Court of the State of New York · 1930
- Tremaine v. McAllister Navigation Co.Appellate Division of the Supreme Court of the State of New York · 1939