Rood v. National Spraker Bank

Appellate Division of the Supreme Court of New York

Rood v. National Spraker Bank

257 A.D. 1020, 12 N.Y.S.2d 895, 1939 N.Y. App. Div. LEXIS 8928

Appellate Division of the Supreme Court of the State of New York·Decided June 13, 1939·Published

Opinion

Plaintiff has appealed from the judgment of the Montgomery Trial Term dismissing his complaint. The action was brought to recover from defendants the sum of $1,375. Plaintiff alleged that he deposited with the National Spraker Bank of Canajoharie, N. Y., between March 10, 1919, and February 19, 1920, the sum of $1,680, and that he made withdrawals therefrom between March 18, 1919, and January 29, 1920, amounting to the sum of $305. He testified that he made no further withdrawals. The answer admitted the deposit of the moneys but alleged that the entire amount had been withdrawn. The trial court found that it had been withdrawn. The evidence sustains the finding. Judgment unanimously affirmed, with costs. Present — Hill, P. J., Crapser, Bliss and Heffeman, JJ.

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

Plaintiff has appealed from the judgment of the Montgomery Trial Term dismissing his complaint. The action was brought to recover from defendants the sum of $1,375. Plaintiff alleged that he deposited with the National Spraker Bank of Canajoharie, N. Y., between March 10, 1919, and February 19, 1920, the sum of $1,680, and that he made withdrawals therefrom between March 18, 1919, and January 29, 1920, amounting to the sum of $305. He testified that he made no further withdrawals. The answer admitted the deposit of the moneys but alleged that the entire amount had been withdrawn. The trial court found that it had been withdrawn. The evidence sustains the finding. Judgment unanimously affirmed, with costs. Present — Hill, P. J., Crapser, Bliss and Heffeman, JJ.

Rood v. National Spraker Bank, 257 A.D. 1020, 12 N.Y.S.2d 895, 1939 N.Y. App. Div. LEXIS 8928 (N.Y. Ct. App. 1939).

Pincite

257 A.D. 1020 (Rood v. National Spraker Bank) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.