DONNELLY v. NAT'L CITY BANK OF NEW YORK


196 Misc. 492 (1949)

Anna Donnelly, as Administratrix with the Will Annexed of John J. Donnelly, Deceased, Plaintiff, v. National City Bank of New York, Defendant.

Supreme Court, Special Term, Kings County.

October 13, 1949.


Attorney(s) appearing for the Case

John F. Middlemiss for plaintiff.

Wingate & Cullen for defendant.


DI GIOVANNA, J.

This is a motion for summary judgment. Donnelly & Baumann, Inc., maintained an account with defendant from 1925 to late in 1940. John Donnelly, Jr., and his father were stockholders of that firm; the son became principal stock-holder before his father died in March, 1940. After his father's death, he became executor of his estate.

On April 12, 1940, the firm account became overdrawn...

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