Gilvard v. President & Directors of Manhattan Co.

Appellate Division of the Supreme Court of New York

Gilvard v. President & Directors of Manhattan Co.

230 A.D. 717

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

DecidedJune 15, 1930

StatusPublished

This text of 230 A.D. 717 (Gilvard v. President & Directors of Manhattan Co.) 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

Gilvard v. President & Directors of Manhattan Co., 230 A.D. 717 (N.Y. Ct. App. 1930).

Pincite

Opinion

Judgment dismissing amended complaint reversed upon the law and the facts, with costs, and judgment in favor of plaintiff directed in the sum of $569.60. The sum so directed represents the note of plaintiff’s brother, the amount of which was $603.30, with which the defendant has improperly credited itself; and as said sum should be offset by a balance of $33.70, which, upon the accounting, appears to be due from the plaintiff to the bank, the difference, or the sum of $569.60, should have been awarded to plaintiff. In all other respects we find the judgment and findings supported by the evidence. There will be new findings made and a proper conclusion of law to accord with this memorandum. Young, Kapper, Carswell, Scudder and Tompkins, JJ., concur. Settle order on notice.

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Judgment dismissing amended complaint reversed upon the law and the facts, with costs, and judgment in favor of plaintiff directed in the sum of $569.60. The sum so directed represents the note of plaintiff’s brother, the amount of which was $603.30, with which the defendant has improperly credited itself; and as said sum should be offset by a balance of $33.70, which, upon the accounting, appears to be due from the plaintiff to the bank, the difference, or the sum of $569.60, should have been awarded to plaintiff. In all other respects we find the judgment and findings supported by the evidence. There will be new findings made and a proper conclusion of law to accord with this memorandum. Young, Kapper, Carswell, Scudder and Tompkins, JJ., concur. Settle order on notice.

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Bluebook (online)

230 A.D. 717, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gilvard-v-president-directors-of-manhattan-co-nyappdiv-1930.