125 N.Y.S. 1104 | N.Y. App. Div. | 1910
This case has once been to the Court of Appeals, and its opinion (183 N. Y. 173) contains the law of the case 'which we are bound to follow, unless such new facts' have been established upon the retrial that the former opinion is no longer applicable. We have examined the record with care in-the light of the former opinions, and have. been able to find no new facts which would justify us in applying any different rule of law than that heretofore applied. It is now made clear that the articles of copartnership had' not been signed when the deposit of $200,000 was made to the credit of the new firm, but they had been signed when the check for $60,000 was drawn and deposited to the credit of the old firm, although the requisite certificate to do business had not yet been filed. The Court of Appeals held that the deposit of. the $200,000 check established the relation of debtor and creditor between the bank and the new firm, and that this relation would have continued if the certificate had never been filed. The deposit was made with a view to the formation of the new firm, and the moment that firm was organized the partners had a right to draw upon the account in the
The judgment is, therefore, affirmed, with costs.
Ingraham, P. J., McLaughlin, Clarice and Dowling,- JJ., concurred.
Judgment affirmed, with costs.