Frey v. Torrey
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, David M. Torrey, by permission, from a determination of the Appellate Term of the Supreme Court, affirming a judgment of the Municipal Court of the city of New York, borough of Manhattan, ninth district, in favor of the plaintiff, entered on the 28th day of June, 1901; and also (as stated in the notice of appeal) from a judgment of the said Appellate Term ■in favor of the plaintiff, entered in the office of the clerk of 'the county of New York cm the…
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Appeal by the defendant, David M. Torrey, by permission, from a determination of the Appellate Term of the Supreme Court, affirming a judgment of the Municipal Court of the city of New York, borough of Manhattan, ninth district, in favor of the plaintiff, entered on the 28th day of June, 1901; and also (as stated in the notice of appeal) from a judgment of the said Appellate Term ■in favor of the plaintiff, entered in the office of the clerk of 'the county of New York cm the 1st day of November, 1901.
1Opinion of the Court
Laughlin, J.:
The pleadings in the Municipal Court were oral. The record shows that the complaint was “ for money obtained by fraud.” *167The answer was a general denial and a plea of discharge in bankruptcy. The defendant was a private banker, and between tlie 5th and 11th days of October, 1898, the plaintiff deposited with him the sum of $150. The balance of this deposit standing to the credit of the plaintiff on the last-mentioned date was $123.19, no part of which has been paid. The action was brought to recover that sum.
On the 13tli day of October, 1898, the defendant made a general…
2Cases cited10 opinions
- Strang v. BradnerSupreme Court of the United States · 1885
- Hennequin v. ClewsSupreme Court of the United States · 1884
- Lawrence v. . HarringtonNew York Court of Appeals · 1890
- Crossman v. Universal Rubber Co.New York Court of Appeals · 1891
- Argall v. . JacobsNew York Court of Appeals · 1881
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3Cited by24 opinions
- Crawford v. BurkeSupreme Court of the United States · 1904
- Talcott v. FriendCourt of Appeals for the Seventh Circuit · 1909
- Tindle v. . BirkettNew York Court of Appeals · 1905
- In re ButtsDistrict Court, N.D. New York · 1903
- Liston v. HicksAppellate Division of the Supreme Court of the State of New York · 1935
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