Appleton v. Nat'l Park Bank of New York
| Decision Date | 24 November 1925 |
| Citation | 150 N.E. 555,241 N.Y. 561 |
| Parties | Henry D. APPLETON et al., Respondents, v. NATIONAL PARK BANK OF NEW YORK, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the First Judicial Department (208 N. Y. S. 228, 211 App. Div. 708), entered March 13, 1925, affirming a judgment in favor of plaintiffs entered upon an order of Special Term granting a motion to strike out the answer and for summary judgment. The action was brought in aid of attachment under sections 922 and 943 of the Civil Practice Act by the assignee of judgment creditors of Middlesex Chemical Company, Inc., and the sheriff of the county of New York, jointly, to recover certain deposits standing to the credit of the Middlesex Chemical Company, Inc., with the defendant bank. The defense was a claimed right of set-off by reason of an unpaid and unmatured promissory note made to the defendant by the chemical company for money loasned.
Emmett F. Smith, of New York City, for appellant.
Russel S. Coutant, William C. Cannon, and Theodore Kiendl, all of New York City, for respondents.
Judgment affirmed, with costs.
To continue reading
Request your trial
-
Brown v. Maguire's Real Estate Agency
... ... Maguire, Defendants, First National Bank in St. Louis (Garnishee) Appellant, Rutherfurd Bingham et ... 599, 147 N.W. 388, L. R. A. 1915A, 728; First Natl. Bank ... v. Blue, 20 Ala.App. 107, 101 So. 75; Rotteman ... 634, 16 So. 520; Heidel Bank v ... Natl. Park Bank, 87 Hun, 117, 33 N.Y.S. 794; Bradley ... v ... 520; Elsy v ... Morrison, 180 Ill.App. 711; Appleton v. Natl. Park ... Bank, 211 A.D. 708, 208 N.Y.S. 228, ... against the holding to the contrary in the New York case ( ... Samuels v. Public Natl. Bank & Trust Co., 251 ... ...
-
United States v. Sterling National Bank & T. Co. of NY, 72 Civ. 1533.
...Consol.Laws, § 12 is misplaced. This statute enacted certain exceptions to the general rule announced in Appleton v. National Park Bank of New York, 241 N.Y. 561 (1925), aff'g 211 A.D. 708, 208 N.Y.S. 228 (1st Dept.1925), aff'g 122 Misc. 248, 202 N. Y.S. 516 (Sup.Ct.N.Y.Co.1924) that a bank......
-
Hackensack Water Company v. Village of Nyack
...to a claim for damages. Appleton v. National Park Bank of New York, 211 App.Div. 708, 714, 208 N.Y.S. 228 (1st Dept.), aff'd 241 N.Y. 561, 150 N.E. 555 (1925). The affirmative defense of laches is COLLATERAL ESTOPPEL AND RES JUDICATA (FIFTH and SIXTH Affirmative Defenses): The defendant con......
-
T.R. America Chemicals, Inc. v. Seaboard Sur. Co.
...insufficient as a defense in such actions at law (Appleton v. National Park Bank, 211 App.Div. 708, 714, 208 N.Y.S. 228, aff'd, 241 N.Y. 561, 150 N.E. 555). Moreover, in this action, there is neither claim nor proof of resulting prejudice to plaintiff as a consequence of any delay on the pa......