Jennings v. President & Directors of the Manhattan Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, President and Directors of the Manhattan Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 20th day of June, 1922, upon the decision of the court rendered after a trial before the court without a jury, and also from an order of said court, made at the Queens Special Term and entered in said clerk’s office on the 30th day of June, 1922, denying defendant’s motion…
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Appeal by the defendant, President and Directors of the Manhattan Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 20th day of June, 1922, upon the decision of the court rendered after a trial before the court without a jury, and also from an order of said court, made at the Queens Special Term and entered in said clerk’s office on the 30th day of June, 1922, denying defendant’s motion for a new trial.
1Opinion of the Court
Young, J.:
This action was brought to recover the sum of $5,000 on the check set out in the complaint herein, drawn by Brown Brothers & Company on the National Bank of Commerce in New York in favor of the plaintiff, Emerson P. Jennings, the proceeds of which defendant collected and has failed and refused to pay to the plaintiff, the payee thereof.
The uncontradicted testimony in the case shows that the plaintiff, in June, 1920, by assignment in writing, became the owner of two certain drafts, the one pertinent to this action being drawn by the Revisiones Bancken in Kristiania, Norway, on Brown…
2Cases cited4 opinions
- Standard Steam Specialty Co. v. Corn Exchange BankNew York Court of Appeals · 1917
- Porges v. United States Mortgage & Trust Co.New York Court of Appeals · 1911
- Guaranty Trust Co. v. Manhattan Co.Appellate Division of the Supreme Court of the State of New York · 1918
- Holtsinger v. National Corn Exchange BankThe Superior Court of New York City · 1869
3Cited by5 opinions
- Palomo v. State BarCalifornia Supreme Court · 1984
- Dobbins v. National Union InsuranceCivil Court of the City of New York · 1972
- Helgeson v. Farmers Ins. ExchangeCalifornia Court of Appeal · 1953
- Helgeson v. Farmers Insurance ExchangeAppellate Division of the Superior Court of California · 1953
- Palomo v. State BarCalifornia Supreme Court · 1984