Legal Opinion

Andrews v. Cosmopolitan Bank

Appellate Terms of the Supreme Court of New York

Decided December 15, 1917PublishedCited by 2 opinions

Appeal by defendant from a judgment of the Municipal Court of the city of New York, borough of The Bronx, second district, in favor of plaintiff, after a trial by a judge without a jury.

1Opinion of the CourtOrdway, J.

Plaintiff sues to recover the sum of $125 claimed to have been loaned by him to the defendant. The defendant pleads a general denial and the Statute of Limitations. Plaintiff at the time of the transaction, August, 1906, was one of the directors of the defendant bank. At that time the capital of the bank was impaired to the extent of about $1,600, and the superintendent of banks, on August 13,1906, wrote to the bank a letter calling attention to that fact and requiring the stockholders or directors of the bank to make good the impairment. In consequence of this letter a meeting of the board…

2Cases cited2 opinions

  1. Leask v. . HoaglandNew York Court of Appeals · 1912
  2. Levy v. FriedmanAppellate Terms of the Supreme Court of New York · 1913

3Cited by2 opinions

  1. Andrews v. Cosmopolitan BankAppellate Division of the Supreme Court of the State of New York · 1918
  2. In re the Judicial Settlement of the Account of EnneverNew York Surrogate's Court · 1921

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