Arnold v. Suffolk Bank
New York Supreme Court
APPEAL from an order made at a special term, denying a motion for a new trial. The complaint alleged that in November, 1852, the Suffolk Bank was duly organized as an incorporation for banking purposes, and that after its organization the plaintiff became the owner, and had transferred to him, ten shares of the capital stock of the said Suffolk Bank, and that on having the same transferred to him, he paid into said bank, therefor, the sum of $500; the shares being $50 each.
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APPEAL from an order made at a special term, denying a motion for a new trial. The complaint alleged that in November, 1852, the Suffolk Bank was duly organized as an incorporation for banking purposes, and that after its organization the plaintiff became the owner, and had transferred to him, ten shares of the capital stock of the said Suffolk Bank, and that on having the same transferred to him, he paid into said bank, therefor, the sum of $500; the shares being $50 each. That he thereby became entitled to a certificate therefor; that he demanded said certificate, but the bank refused to…
1Opinion of the Court
By the Court, Emott, J.
The complaint does not ask any judgment against the trust company, or show any reason for making it a party to the suit, beyond the mere statement that it has been appointed receiver of the Suffolk Bank. It may be that the rights and obligations flowing from this make it proper or necessary to sue the receiver with, or instead of the bank, but there must be some right to relief from the receiver stated, and some relief prayed. The mere fact that A. is the assignee or the receiver of B., whether these be natural of artificial persons, will not justify a creditor of B.,…
2Cases cited2 opinions
- Union Bank of Georgetown v. LairdSupreme Court of the United States · 1817
- Kortright v. Buffalo Commercial BankNew York Supreme Court · 1838
3Cited by13 opinions
- Decker v. . GardnerNew York Court of Appeals · 1891
- Driscoll v. . West Bradley C.M. Co.New York Court of Appeals · 1874
- Emory v. FaithCourt of Appeals of Maryland · 1910
- Flynn v. FurthWashington Supreme Court · 1901
- Condouris v. Imperial Turkish Tobacco & Cigarette Co.New York Court of Common Pleas · 1893
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