Mathot v. North River Bank

City of New York Municipal Court

Mathot v. North River Bank

6 N.Y.S. 498, 16 N.Y. Civ. Proc. R. 314, 1889 N.Y. Misc. LEXIS 646

CourtCity of New York Municipal Court

DecidedMay 6, 1889

StatusPublished

Cited by1 cases

This text of 6 N.Y.S. 498 (Mathot v. North River Bank) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mathot v. North River Bank, 6 N.Y.S. 498, 16 N.Y. Civ. Proc. R. 314, 1889 N.Y. Misc. LEXIS 646 (N.Y. Super. Ct. 1889).

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Opinion

McAdam, C. J.

The defendant was bound to know how much money it had on deposit to the credit of Gentil at the time the attachment was served, so as to be able to give a truthful certificate thereof. Code, §§ 650, 651. Its neglect to perform this duty estops it from alleging its ignorance of the fact which performance would have made known. 1 Wait, Pr. 170. If the defendant had performed its duty, it could have determined for itself the question it now seeks to have determined by others at their expense. The attachment only bound the money which the defendant had on deposit when the attachment was served. A subsequent deposit could be reached only by a new service of the attachment. Code, § 644. In applying this provision to the present case it must be remembered that the law, as a rule, does not regard the fractional parts of a day, except to prevent injustice, and to determine the priorities of acts done or liens secured, in which case the hour may become material. The conflicting claims to the fund on deposit did not arise on the same day, so that the defendant ought to be able to determine its legal rights and liabilities without resorting to i nteipleader. ■ However this may be, the defendant can gain nothing by its neglect; and, if the hour is material, it is its own fault that it did not make a note of it at the time. For these reasons the motion for interpleader will be denied, without costs.

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McAdam, C. J.

The defendant was bound to know how much money it had on deposit to the credit of Gentil at the time the attachment was served, so as to be able to give a truthful certificate thereof. Code, §§ 650, 651. Its neglect to perform this duty estops it from alleging its ignorance of the fact which performance would have made known. 1 Wait, Pr. 170. If the defendant had performed its duty, it could have determined for itself the question it now seeks to have determined by others at their expense. The attachment only bound the money which the defendant had on deposit when the attachment was served. A subsequent deposit could be reached only by a new service of the attachment. Code, § 644. In applying this provision to the present case it must be remembered that the law, as a rule, does not regard the fractional parts of a day, except to prevent injustice, and to determine the priorities of acts done or liens secured, in which case the hour may become material. The conflicting claims to the fund on deposit did not arise on the same day, so that the defendant ought to be able to determine its legal rights and liabilities without resorting to i nteipleader. ■ However this may be, the defendant can gain nothing by its neglect; and, if the hour is material, it is its own fault that it did not make a note of it at the time. For these reasons the motion for interpleader will be denied, without costs.

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Bluebook (online)

6 N.Y.S. 498, 16 N.Y. Civ. Proc. R. 314, 1889 N.Y. Misc. LEXIS 646, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mathot-v-north-river-bank-nynyccityct-1889.

Opinion

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