New York Court of Appeals

Boris N. Sokoloff, Respondent v. the National City Bank of New York, Appellant

December 31, 1928250 N.Y. 69

Summary

The Court affirmed the lower court, holding that the bank's bookkeeping entries did not constitute payment and that the plaintiff was not required to make a demand before September 1, 1918 because the bank's closure made any demand futile; the contract was deemed breached on that date and damages were measured at the ruble value then.