In re Hollister Bank
New York Court of Appeals
Appeal from the Supreme Court. The Hollister Bank, an association organized under the general banking law, and doing business at the city of Buffalo, was declared insolvent in September, 1857, and a receiver of its effects appointed.
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Appeal from the Supreme Court. The Hollister Bank, an association organized under the general banking law, and doing business at the city of Buffalo, was declared insolvent in September, 1857, and a receiver of its effects appointed. The time for his making a dividend and apportioning the debts among stockholders was by successive orders of the Supreme Court extended till September 1st, 1858. In August, 1858, the receiver made a detailed statement of the assets, condition and affairs of the bank and applied to the court for an order authorizing him to sell the remaining assets at public…
1Opinion of the CourtSelden, J.
It is insisted by the respondent’s counsel that no appeal lies to this court from an order or judgment of a *510general term, reversing an order of a special term, confirming an apportionment of the debts of an insolvent corporation-among the stockholders, pursuant to the act of 1849; either under subdivision 3, section 11 of the Code, because such order is not final; or under section 28, of the act of 1849, because that, section only authorizes an appeal from an order confirming such apportionment.
The counsel is perhaps right in the first branch of this proposition. The order appealed from may…
2Cases cited2 opinions
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- In the Matter of the Reciprocity BankNew York Court of Appeals · 1860
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- Harland v. Bankers' & Merchants' Tel. Co.U.S. Circuit Court for the District of Southern New York · 1887