Buffalo German Insurance v. Third National Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Buffalo German Insurance Company, from so much of a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 23d day of February, 1897, upon the decision of the court, rendered after a trial at the Erie Special Term, as orders and. adjudges that the plaintiff is entitled to a transfer of the stock therein mentioned, on the books of the defendant, subject to the right of the defendant…
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Appeal by the plaintiff, The Buffalo German Insurance Company, from so much of a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 23d day of February, 1897, upon the decision of the court, rendered after a trial at the Erie Special Term, as orders and. adjudges that the plaintiff is entitled to a transfer of the stock therein mentioned, on the books of the defendant, subject to the right of the defendant to a lien thereon for the amount of the indebtedness existing in favor of the defendant against the estate of Emanuel…
1Opinion of the Court
Adams, J.:
There is little, if any, dispute respecting the facts of this case which arc epitomized in the foregoing recital, and while counsel, both upon the oral argument and in their briefs, have discussed with some degree of elaboration several minor issues which possess more or less relevancy to the main contention, we are convinced that these issues are quite subordinate in their character, and that there is really but one question in the case which demands our serious consideration. This question involves the effect to be given to the lien clause incorporated into the defendant’s…
2Cases cited12 opinions
- National Bank v. MatthewsSupreme Court of the United States · 1879
- National Bank v. WhitneySupreme Court of the United States · 1881
- Gold-Mining Co. v. National BankSupreme Court of the United States · 1878
- Bank v. LanierSupreme Court of the United States · 1871
- Thompson v. Saint Nicholas National BankSupreme Court of the United States · 1892
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3Cited by2 opinions
- In re the Estate of BeneditoNew York Surrogate's Court · 1975
- Lyman v. State Bank of RandolphAppellate Division of the Supreme Court of the State of New York · 1903