Legal Opinion

Sickles v. . Herold

New York Court of Appeals

Decided April 28, 1896PublishedCited by 27 opinions

Appeal from judgment of the General Term of ~the Court of Common Pleas for'the city and county of Hew York, entered upon an order made December 30, 1895, which affirmed a judgment in favor of plaintiff entered upon a decision of the court after a trial without a jury and also affirmed an order denying defendant’s motion to correct the judgment by reducing the amount of interest allowed therein.

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Appeal from judgment of the General Term of ~the Court of Common Pleas for'the city and county of Hew York, entered upon an order made December 30, 1895, which affirmed a judgment in favor of plaintiff entered upon a decision of the court after a trial without a jury and also affirmed an order denying defendant’s motion to correct the judgment by reducing the amount of interest allowed therein. The nature of the action and the facts, so far as material, are stated in the opinion. The note was without consideration. (Pollock on Cont. 166; Hamer v. Sidway, 124 N. Y. 546; Miller v. McKenzie, 95…

1Opinion of the CourtHaight, J.

This action was brought to recover the amount of a promissory note.

In ¡November, 1893, the chief examiner of the banking department investigated the condition of the Harlem ¡River Bank. He objected to certain securities which he found among its assets, and required the directors to make good the amount which he deemed the capital had been impaired. The defendant was a stockholder and one of the directors of the bank. He gave the note in suit in order that the bank might continue business. The note, with others executed by the directors of the bank, was received and placed in its vault. The…

2Cited by27 opinions

  1. Sokoloff v. National City BankNew York Court of Appeals · 1928
  2. People v. . Merchants' Trust Co.New York Court of Appeals · 1907
  3. German-American Finance Corp. v. Merchants & Manufacturers State BankSupreme Court of Minnesota · 1929
  4. State Bank v. KirkSupreme Court of Pennsylvania · 1907
  5. In re John Osborn's Sons & Co.Court of Appeals for the Second Circuit · 1910

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