Appellate Terms of the Supreme Court of New York, 1932

Samuel v. Public National Bank & Trust Co.

Samuel v. Public National Bank & Trust Co.
Appellate Terms of the Supreme Court of New York · Decided March 10, 1932
151 Misc. 200; 270 N.Y.S. 112; 1932 N.Y. Misc. LEXIS 1796

Counsel

Moses & Singer, for the appellant., Abraham Singer, for the respondent.

Samuel v. Public National Bank & Trust Co.

Opinion of the Court

Per Curiam.

By virtue of the provisions of the agreement between the bank and its depositor, as well as the right given to the bank under section 151 of the Debtor and Creditor Law, the bank was justified in applying the credit balance of the judgment debtor toward the payment of his unmatured indebtedness to the bank.

Judgment reversed, with thirty dollars costs, and complaint dismissed on the merits, with costs.

All concur; present, Lydon, Frankenthaler and Untermyer, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.