August v. Fourth National Bank
New York Supreme Court
Appeal from circuit court, Hew York county. Action by Simon August and others against the Fourth national Bank of Hew York City, to recover an alleged balance due on a deposit account. A judgment for defendant was set aside by the court, and defendant appeals.
1Opinion of the CourtVan Brunt, P. J.
This action was brought to recover an alleged balance due from the defendant to the plaintiffs upon a deposit account which the plaintiffs kept with the defendant. The defendant denied that any sum was due, and set up five distinct statements of the accounts between the parties followed by the payment of the balances found due, and alleged that the balance in question arose from the payment by defendant of 12 certain checks drawn by plaintiffs, and claimed by them to have been insufficiently indorsed, and that the same were in fact properly indorsed, or else their payment was due to the…
2Cases cited1 opinion
- Coleman v. PeopleNew York Court of Appeals · 1873
3Cited by6 opinions
- Deer Island Fish & Oyster, Co. v. First Nat. BankMississippi Supreme Court · 1933
- Hensley-Johnson v. Citizens Nat. Bank of BellflowerCalifornia Court of Appeal · 1953
- Wachsman v. Columbia BankNew York Court of Common Pleas · 1894
- Weaver v. Detroit BankMichigan Supreme Court · 1951
- August v. Fourth National BankNew York Supreme Court · 1890
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