Hyperlawhypertext legal database Podmore v. Bank for Savings 63 N.Y.S. 1114

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Podmore v. Bank for Savings

63 N.Y.S. 1114 Court N.Y. City Ct. Decision date 1900-04-05 English

Delivered by HASCALL, J.

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p. 1114
PODMORE, Appellant, v. BANK FOR SAVINGS, Respondent.
(City Court of New York, General Term.
April 5, 1900.)

Headnote

Action by one Podmore, administrator, against the Bank for Savings. From an order requiring plaintiff to give security for costs, he appeals. Reversed. Michael Schapp and Edward Hymes, for appellant. Strong & for

Before arguing this appeal upon its merits, a motion to dismiss the same was brought to the attention of the court upon general grounds, the principal one of which was alleged loches, and a subsidiary one of which appears to be indisposition of the respondent to accept inevitable results. That motion is denied. Under the decision of the appellate term in Pod-more v. Bank, 62 N. Y. Supp. 526 , upon authority of Parsley v. Rodgers, 44 App. Div. 139 , 61 N. Y. Supp. 1015 , which of course bind us, the order appealed from cannot stand. Order reversed, with $10 costs and disbursements of appeal. ;

McCARTHY, J., concurs.

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