Koster v. . Lafayette Trust Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered November 23, 1911, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. The agreement of March 31, 1908, did not create the debt of the defendant to the plaintiff’s assignor.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered November 23, 1911, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. The agreement of March 31, 1908, did not create the debt of the defendant to the plaintiff’s assignor. The debt was created independently of the agreement, by the loans to the defendant. (Noland v. Bull, 24 Oreg. 485.) The transaction between the…
1Opinion of the CourtGray, J.
This action was brought to recover the amount of a loan of money, made by the plaintiff’s assignor to the defendant, then called The Jenkins Trust Company, under the following circumstances. The plaintiff’s assignor, Charles L. Feltman, was a stockholder and a director of the defendant, when, in October, 1907, in proceedings for the dissolution of the corporation, a receiver was appointed who took possession of its property. A committee of the board of directors was, then, appointed in furtherance of a plan to enable the defendant to resume business. Thereafter, an agreement, dated March…
2Cases cited1 opinion
- Lighton v. . City of SyracuseNew York Court of Appeals · 1907
3Cited by4 opinions
- Weber v. Climax Molybdenum Co.New York Supreme Court · 1925
- Schachne v. Corporation of the Chamber of CommerceCity of New York Municipal Court · 1918
- Green v. RosenbergAppellate Division of the Supreme Court of the State of New York · 1928
- Ley v. Fred T. Ley & Co.Appellate Division of the Supreme Court of the State of New York · 1946