Szwento Juozupo Let Draugystes v. Manhattan Savings Institution
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Manhattan Savings Institution, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 27th day of April, 1916, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 28th day of April, 1916, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Laughlin, J.:
The plaintiff is a membership corporation and it brought this action to recover a balance of $2,976.74 claimed to have been on deposit to its credit on the 23d day of September, 1915, with *58the defendant, which is a savings bank. The defendant pleaded that on the 14th day of August, 1914, it paid to the plaintiff $2,000, and it admitted liability for the balance. The verdict was directed for the entire amount claimed.
There is no controversy with respect to the facts. The appeal presents a question of law only with respect to whether there was a payment of $2,000 by the defendant.…
2Cases cited18 opinions
- Appleby v. . Erie County Savings BankNew York Court of Appeals · 1875
- Porges v. United States Mortgage & Trust Co.New York Court of Appeals · 1911
- Havana Central Railroad v. Knickerbocker Trust Co.New York Court of Appeals · 1910
- Shepard & Morse Lumber Co. v. EldridgeMassachusetts Supreme Judicial Court · 1898
- Kelley v. . Buffalo Savings BankNew York Court of Appeals · 1904
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3Cited by5 opinions
- Navrides v. Zurich InsuranceCalifornia Supreme Court · 1971
- Schweitzer v. Bank of America National Trust & Savings Ass'nCalifornia Court of Appeal · 1941
- State v. First Nat. Bank of AlbuquerqueNew Mexico Supreme Court · 1934
- Coppola v. CoppolaAppellate Division of the Supreme Court of the State of New York · 1962
- Volpe v. Emigrant Industrial Savings BankAppellate Division of the Supreme Court of the State of New York · 1950