Hayes v. Beardsley
New York Supreme Court
Appeal from special term, Cayuga county. Action by Erank M. Hayes, receiver of the Eirst national Bank of Auburn, against Kelson Beardsley. Plaintiff appeals from a decision entering judgment for defendant, without a jury, and dismissing the complaint upon the merits.
1Opinion of the CourtMacomber, J.
The plaintiff is the receiver of the Eirst national Bank of Auburn, H. Y., a banking association organized under the statutes of the *405United States. He brought this action to recover the amount paid for three certificates of deposit which had been issued by the First Rational Bank of Auburn, and the ground upon which such recovery is sought is that the payment thereof was in violation of section 5242 of the United States Revised Statutes. It is important, therefore, to state exactly the terms of that statute. That statute is as follows: “Sec. 5242. All transfers of the notes, bonds, bills of…
2Cases cited3 opinions
- Briggs v. SpauldingSupreme Court of the United States · 1891
- National Security Bank v. ButlerSupreme Court of the United States · 1889
- Lowery v. Western Union Telegraph Co.New York Court of Appeals · 1875