78 N.Y.S. 900 | N.Y. Sup. Ct. | 1902
It is alleged by the complaint, and admitted by the demurrer, that, on or about July 11, 1901, the plaintiff deposited with defendant the sum of $500, and received therefor the following certificate or receipt:
“ The New York Security and Trust Company, New York, July ,11,. 1901, has received from Caroline Zander the sum of five hundred dollars of current funds, upon which the said company agrees to allow interest at the annual rate of three per cent, from this- date, and on five days’ notice will repay, in current funds, the like amount with interest, to the said Caroline Zander or her assigns) on return of this certificate, which is assignable only on the books of the Company.” Then followed provisions- as to-the reduction or discontinuance of interest not material here.
Plaintiff always remained the owner of the certificate, has never
The demurrer must be overruled, with costs and an extra allowance of twenty-five dollars, with leave to the defendant to withdraw the demurrer and answer within twenty days upon payment of costs.
Demurrer overruled, with costs and extra allowance, with leave to withdraw demurrer and answer within twenty days upon payment of costs.