Smiley v. . Fry
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of ¡New Tort, entered upon an order affirming a judgment in favor of plaintiff, entered upon a verdict and affirming an order denying a motion for a new trial.
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Appeal from judgment of the General Term of the Superior Court of the city of ¡New Tort, entered upon an order affirming a judgment in favor of plaintiff, entered upon a verdict and affirming an order denying a motion for a new trial. (Reported below, 17 J. & S. 134.) This action was brought among other things upon an instrument in writing executed by a firm, of whom defendant is the surviving partner, and delivered to S. K. Ashton, plaintiff’s assignor, at the time of the delivery to said firm of. the amount of money stated therein. “ $4,000. Office of J. R. & H. B. Fby, ) 134 South Thibd…
1Opinion of the CourtMiller, J.
The instrument upon which the recovery in this action is founded was in the nature of a certificate of deposit, and not a promissory note. It was evidently intended as a statement of the contract under which the makers received and held money which had been deposited by the payee with them.
The nature of the transaction must be determined by the construction to be placed upon the instrument itself. It declares that the sum named therein is due on demand, and that it is a special deposit distinct from other transactions with the payee. The language employed in no way indicates that the money…
2Cases cited1 opinion
- Howell v. . AdamsNew York Court of Appeals · 1877
3Cited by15 opinions
- Elliott v. Capital City State BankSupreme Court of Iowa · 1905
- Parks v. SatterthwaiteIndiana Supreme Court · 1892
- Barnes v. ArnoldAppellate Division of the Supreme Court of the State of New York · 1899
- DeVay v. DunlapIndiana Court of Appeals · 1892
- Bank of Commerce v. HarrisonNew Mexico Supreme Court · 1901
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