Ward v. Poughkeepsie Savings Bank

Appellate Division of the Supreme Court of New York

Ward v. Poughkeepsie Savings Bank

270 A.D. 866, 61 N.Y.S.2d 527, 1946 N.Y. App. Div. LEXIS 4349

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

DecidedMarch 6, 1946

StatusPublished

This text of 270 A.D. 866 (Ward v. Poughkeepsie Savings Bank) 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

Ward v. Poughkeepsie Savings Bank, 270 A.D. 866, 61 N.Y.S.2d 527, 1946 N.Y. App. Div. LEXIS 4349 (N.Y. Ct. App. 1946).

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Opinion

— Appeal by defendant, upon questions of law and upon the facts, from a judgment of the Supreme Court entered in the Office of the Clerk of Ulster County on September 13, 1945, which adjudged that the plaintiff should recover from the defendant the sum of $12,720.30, and dismissed the second cause of action. The action was founded upon the claim that defendant had diverted funds of the estate to satisfy a personal obligation of the executor of the. estate. Ward v. Newburgh Savings Bank was a similar case. It was before this court and is reported in 269 Appellate Division 525. It involves substantially the same facts. In that case judgment was directed for the plaintiff. The ease at bar should follow that decision. Judgment affirmed, with costs. Heffernan, Brewster and Lawrence, JJ., concur; Hill, P. J., dissents; Foster, J., taking no part. [See post, pp. 868, 965.]

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— Appeal by defendant, upon questions of law and upon the facts, from a judgment of the Supreme Court entered in the Office of the Clerk of Ulster County on September 13, 1945, which adjudged that the plaintiff should recover from the defendant the sum of $12,720.30, and dismissed the second cause of action. The action was founded upon the claim that defendant had diverted funds of the estate to satisfy a personal obligation of the executor of the. estate. Ward v. Newburgh Savings Bank was a similar case. It was before this court and is reported in 269 Appellate Division 525. It involves substantially the same facts. In that case judgment was directed for the plaintiff. The ease at bar should follow that decision. Judgment affirmed, with costs. Heffernan, Brewster and Lawrence, JJ., concur; Hill, P. J., dissents; Foster, J., taking no part. [See post, pp. 868, 965.]

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Bluebook (online)

270 A.D. 866, 61 N.Y.S.2d 527, 1946 N.Y. App. Div. LEXIS 4349, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ward-v-poughkeepsie-savings-bank-nyappdiv-1946.