Van Reed v. People's National Bank of Lebanon
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 4, 1902, which reversed an order of Special Term denying a motion to vacate an attachment and granted said motion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 4, 1902, which reversed an order of Special Term denying a motion to vacate an attachment and granted said motion. On the 6th of September, 1901, a warrant of attachment was issued in this action against the property of the defendant, a solvent national bank, organized under the laws of the United States, located and carrying on business in the state of Pennsylvania. The defendant moved, at Special Term, to vacate the attachment upon the ground that it was…
1Opinion of the CourtVann, J.
The questions certified depend upon the construction of certain statutes of the United States, and such construction will be aided by investigating their history.
By section 52 of the Eational Currency Act, approved June 3rd, 1864, all transfers, assignments, etc., made in contemplation of insolvency by a banking association organized under the act, were declared void. Section 57 of the same act, after naming the courts, including various state courts, in which actions might be brought against national banks, continued as follows: “ Provided, however, that all proceedings to enjoin the…
2Cases cited9 opinions
- Pacific National Bank v. MixterSupreme Court of the United States · 1888
- Planters Loan & Savings Bank v. BerrySupreme Court of Georgia · 1893
- Robinson v. . National Bank of NewberneNew York Court of Appeals · 1880
- Freeman Manufacturing Co. v. National BankMassachusetts Supreme Judicial Court · 1894
- Safford v. First National BankSupreme Court of Vermont · 1889
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3Cited by3 opinions
- Rabinowitz v. Kaiser-Frazer Corp.New York Supreme Court · 1950
- McBride v. Illinois National BankAppellate Division of the Supreme Court of the State of New York · 1908
- Sargent County v. StateNorth Dakota Supreme Court · 1921