First National Bank & Trust Co. v. Quimby

Appellate Division of the Supreme Court of New York

First National Bank & Trust Co. v. Quimby

241 A.D. 888

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 15, 1934

StatusPublished

This text of 241 A.D. 888 (First National Bank & Trust Co. v. Quimby) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

First National Bank & Trust Co. v. Quimby, 241 A.D. 888 (N.Y. Ct. App. 1934).

Pincite

Opinion

Order and summary judgment entered thereon unanimously affirmed, with ten dollars costs and disbursements. The denials are frivolous. (Rochkind v. Perlman, 123 App. Div. 808; Hanna v. Mitchell, 202 id. 504; affd., 235 N. Y. 534.) The counterclaim sets up a cause of action in tort, to wit, the wrongful application of deposit of funds in plaintiff’s bank, and for which wrong large damages are demanded. The action is to recover a judgment on a promissory note upon which appellant was liable as an indorser. This counterclaim is not one which may be interposed under the provisions of section 266 of the Civil Practice Act. (Burroughs v. Tradesmen’s Nat. Bank, 87 Hun, 6; affd., 156 N. Y. 663; Wildenberger v. Ridgewood Nat. Bank, 230 id. 425, 427.) Present — Young, Hagarty, Carswell, Seudder and Davis, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order and summary judgment entered thereon unanimously affirmed, with ten dollars costs and disbursements. The denials are frivolous. (Rochkind v. Perlman, 123 App. Div. 808; Hanna v. Mitchell, 202 id. 504; affd., 235 N. Y. 534.) The counterclaim sets up a cause of action in tort, to wit, the wrongful application of deposit of funds in plaintiff’s bank, and for which wrong large damages are demanded. The action is to recover a judgment on a promissory note upon which appellant was liable as an indorser. This counterclaim is not one which may be interposed under the provisions of section 266 of the Civil Practice Act. (Burroughs v. Tradesmen’s Nat. Bank, 87 Hun, 6; affd., 156 N. Y. 663; Wildenberger v. Ridgewood Nat. Bank, 230 id. 425, 427.) Present — Young, Hagarty, Carswell, Seudder and Davis, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

241 A.D. 888, Counsel Stack Legal Research, https://law.counselstack.com/opinion/first-national-bank-trust-co-v-quimby-nyappdiv-1934.

Opinion

Related

Cite This Page — Counsel Stack