In re Cook
Appellate Division of the Supreme Court of the State of New York
Appeal by The Rational Spraker Bank of Canajoharie, R. Y., from an order of the Supreme Court, made at the Saratoga Special Term and entered in the office of the clerk of the county of- Montgomery on the 13th day of August, 1901, directing publication of a notice, -pursuant to-chapter 451 of the Laws of 1899, as amended by chapters 171 and 503 of the Laws of 1901, and also from an order made at the Montgomery Special Term and entered in the office of the clerk of the county…
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Appeal by The Rational Spraker Bank of Canajoharie, R. Y., from an order of the Supreme Court, made at the Saratoga Special Term and entered in the office of the clerk of the county of- Montgomery on the 13th day of August, 1901, directing publication of a notice, -pursuant to-chapter 451 of the Laws of 1899, as amended by chapters 171 and 503 of the Laws of 1901, and also from an order made at the Montgomery Special Term and entered in the office of the clerk of the county of Montgomery on the 6th day of ¡November, 1902, adjudging a certificate of deposit theretofore issued by said bank to…
1Opinion of the Court
Smith, J. :
The right of the appellant to question this order upon appeal seems apparent. The statute requires the bank to bé made a party to the proceedings, and, by the order entered,, the security held by the bank has been discharged. Against such an order the bank has a material interest to defend.
Nor need we consider whether this statute was intended to affect past transactions. It will hardly be questioned that it would have such effect unless it took away vested rights. The sole question,, therefore, for our consideration is upon the appellant’s challenge of the statute as an…
2Cases cited2 opinions
- Payne v. . GardinerNew York Court of Appeals · 1864
- Rowley v. BallNew York Supreme Court · 1824
3Cited by3 opinions
- In re EllardNew York Supreme Court · 1909
- Caminetti v. Pac. Mut. Life Ins. Co. of Cal.California Supreme Court · 1943
- Caminetti v. Pac. Mut. Life Ins. Co. of Cal.California Supreme Court · 1943