In re the Knickerbocker Bank
New York Supreme Court
THE Knickerbocker Bank became insolvent, and application was made to one of the justices of this court; for the appointment of a receiver, under the act of 1849, ch. 226. The United States Trust Company was appointed receiver, by an order entitled as at special term.
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THE Knickerbocker Bank became insolvent, and application was made to one of the justices of this court; for the appointment of a receiver, under the act of 1849, ch. 226. The United States Trust Company was appointed receiver, by an order entitled as at special term. That company had been previously appointed receiver of the Knickerbocker Savings Institution, and in that capacity had sued the -bank, and claimed that $115,000 were due by the bank to the savings institution, while the bank disputed $49,000 of that amount.. The Trust Company, thus being receiver of both institutions, represented…
1Opinion of the Court
By the Court,
Mitchell, J.
It is objected that the appointment of the receiver should have been by a judge at chambers, and not in court; and that the Trust.Company being plaintiff in *603a suit against the bank could not be a receiver of the bank. The mere entitling an order as at special term, which by law-may be made before a judge, out of court, or the making of it by the judge when sitting at special term, instead of when sitting at chambers, does not vitiate the order. He has the power to make the order as a judge, and it detracts nothing from the force of the order made by him as a judge…
2Cited by11 opinions
- People ex rel. Caldwell v. KellyNew York Supreme Court · 1862
- In re MunsonAppellate Division of the Supreme Court of the State of New York · 1904
- In re HoweAppellate Division of the Supreme Court of the State of New York · 1901
- Caldwell's CaseNew York Supreme Court · 1862
- Aiken v. AikenNew York Supreme Court · 1916
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