Kilby v. First National Bank
New York Supreme Court
This is an action by the plaintiff to have himself adjudged a creditor of said bank to the amount of certain sums paid by him to certain parties on account of deposits made by or in behalf of them respectively in said bank and for the payment of which deposits plaintiff claims he was surety. Also, that said sums so paid with interest be adjudged to be an offset against and credit upon certain past-due obligations held by said bank against plaintiff.
1Opinion of the CourtHiscock, J.
The First National Bank of Carthage was wrecked by the criminal conduct and defalcations of its president, one Myers.
Some time prior to May 3, 1898, it was discovered that said Myers had been guilty of criminal misconduct and had misappropriated and wasted the funds of said bank, but in the hope of repairing the damage and loss which he had occasioned and by and with the consent of the bank authorities said bank was not closed until said last-mentioned date, although it was insolvent before that. Upon said last-mentioned date the bank closed its doors, or suspended its ordinary business, and…
2Cases cited6 opinions
- Tillinghast v. . MerrillNew York Court of Appeals · 1896
- In Re the General Assignment of HatchNew York Court of Appeals · 1898
- Richards v. . La TouretteNew York Court of Appeals · 1890
- Clute v. WarnerAppellate Division of the Supreme Court of the State of New York · 1896
- Davis v. KnippNew York Supreme Court · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Dickenson v. CharlesSupreme Court of Virginia · 1939
- State v. Bank of MagdalenaNew Mexico Supreme Court · 1928
- Leach v. BassmanSupreme Court of Iowa · 1929
- City of Rice Lake v. Citizens' State BankWisconsin Supreme Court · 1931