Conclusions of Law Found at the Request of

Defendant, Union Stock Yards Bank of
Buffalo

Decision

281

193

245

Exceptions by Defendant, Union Stock Yards
Bank of Buffalo to Decision
Exceptions of Defendant, Union Stock Yards
Bank of Buffalo, to Refusal of Court to
Make Findings of Fact as Requested ....281
Exceptions of Defendant, Union Stock Yards
Bank of Buffalo, to Refusal of Court to
find Conclusions of Law as Requested...305
Findings of Fact Made at the Request of De-
fendant, Union Stock Yards Bank of Buf-
falo

253

EXHIBITS.

Page

Plaintiff's Exhibits:

Exhibit "A"-Form of Advice Slip, Union Stock Yards Bank to Carnegie Trust Company. Admitted at Fol. 430. Referred to at Fol. 704.

Exhibit "B"-Book of Blue Prints. Marked

176

177

at Fol. 498. Referred to at Fol. 705 .... 177 Exhibit "C"-Sales Book of C. F. Pfeiffer, page 467 to the end. Marked at Fol. 513. Referred to at Fol. 705 Exhibit "D"-Ledger Account of E. E. Johnson & Co., in the Ledger of C. F. Pfeiffer & Sons. Admitted at Fol. 514. Referred to at Fol. 706 ...

Exhibit "E"-Draft Book of C. F. Pfeiffer &

Sons. Admitted at Fol. 515. Referred to
at Fol. 707 ...

177

177

Exhibit "F"-Check Stubs of C. F. Pfeiffer

177

177

& Sons. Admitted at Fol. 516. Referred to at Fol. 707 ... Exhibit "G"-Bank Book of C. F. Pfeiffer & Sons with the Union Stock Yards Bank. Admitted at Fol. 516. Referred to at Fol. 708 Exhibit "H"-C. F. Pfeiffer & Sons' Bank Book with the Citizens Bank. Admitted at Fol. 517. Referred to at Fol. 709 178 Exhibit "I"-Statement of Account Made by the Citizens Bank and also the Three Deposit Slips Which Are Attached to it. Admitted at Fol. 518. Referred to at Fol. 709 ...

Exhibits "J", "K" and "L"-Three Debit
Slips. Admitted at Fol. 601. Printed at
Fols. 710 to 716

178

178-179

Page

Exhibits "M", "N", "O", "P", "Q", "R",
"S", "T", "T1", "T2", "T3", "T4",
and "U-Letters and Telegrams. Ad-
mitted at Fol. 622. Printed at Fols. 717 to
760
180-190
Exhibits "V", "W" and "X"-Letters dated
November 2, 1908. Referred to at Fol. 622.
Printed at Fols. 761 to 770
Defendant's Exhibits:

191-193

Exhibit 1.-Statement of the Blue Checks
Drawn on the Carnegie Trust Company by
C. F. Pfeiffer & Sons. Admitted at Fol.
559. Printed at Fol. 1253

Exhibit

2.-Correspondence Between Defendant Bank and Carnegie Trust Com

pany. Admitted at Fol. 592. Printed at

Fol. 1258125e..

Exhibit 3.-Deposit, Slips.

314

315

Admitted at

Fol. 592. Printed at Fol. 1261 2... 37632/ Refered to Exhibit 4.-Note for $16,000. Admitted

Syened to

at Fol. 558. Printed at Fol. 1267 12.82, 31734 Exhibit 5.-Note for $1000.00. Admitted

efened to

at Fol. 558. Printed at Fol. 1271 1.2.8). 31831/ Exhibit 6. Table. Admitted at Fol. 587. Ret med to

Printed at Fol. 1274 12.8.4

31912

Exhibit 7.-Letter From R. L. Smith to

E. Waters. Printed at Fol. 1277 ..... 320 Exhibit 9.-Letter. Admitted at Fol. 632.

Printed at Fol. 1281

321

Exhibit 10.-Letter. Admitted at Fol.

633. Printed at Fol. 1282

321

Exhibit 11.-Letter Admitted at Fol. 634.

STATE OF NEW YORK.

Supreme Court

APPELLATE DIVISION-FOURTH DEPARTMENT.

This action was commenced on the 27th day of February 1912, by the service of a summons and complaint therein. The time of the defendant Union Stock Yards Bank of Buffalo was extended by stipulation from the 18th day of

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