New Amsterdam Savings Bank v. Tartter
New York Supreme Court
Submission of a case to the court, without action, under section 372 of the Code.
1Opinion of the CourtWestbrook, J.
On the 1st day of July, 1875, Jacob Tartter, the defendant, borrowed of the The New Amsterdam Savings Bank of New York city, the sum of $5,000, for which sum he executed a bond to the said bank, and to secure the payment thereof he also gave to the bank a mortgage upon property in Brooklyn.
On the 20th day of September, 1876, the bank became insolvent and passed into the hands of a receiver. At that time there was due and owing Mr. Tartter, as a depositor of *386the bank, the sum of $1,748.01. The question submitted is, must Mr. Tartter pay his bond and mortgage in full, or is he entitled to a…
2Cases cited3 opinions
- Holbrook v. Receivers of the American Fire InsuranceNew York Court of Chancery · 1836
- Lawrence v. . NelsonNew York Court of Appeals · 1860
- Robinson v. . HowesNew York Court of Appeals · 1859
3Cited by4 opinions
- Stone v. DodgeMichigan Supreme Court · 1893
- Thompson v. Union Trust Co.Michigan Supreme Court · 1902
- Hannon v. WilliamsSupreme Court of New Jersey · 1881
- Tehan v. First Nat. BankU.S. Circuit Court for the District of Northern New York · 1889