Wiggins v. Stevens
Appellate Division of the Supreme Court of the State of New York
Appeal, by the plaintiff, Howard 0. Wiggins, as .assignee óf William B. Cook, for the benefit of creditors, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Oneida on the 4tli day of April, 1898, . upon the-decision of the court rendered after a trial at the Oneida Special Term.
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Appeal, by the plaintiff, Howard 0. Wiggins, as .assignee óf William B. Cook, for the benefit of creditors, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Oneida on the 4tli day of April, 1898, . upon the-decision of the court rendered after a trial at the Oneida Special Term. The relief sought in this action was a judgment establishing the indebtedness of the defendant, as receiver, etc., for the sum-of $4,132.16, deposited by John E. Bielby, as assignee of W. B. Cook, at the Central National Bank, and that a check of…
1Opinion of the Court
Ward, J.:
It is admitted in the pleadings and conceded in the case that the Central National Bank of Borne was a national banking association transacting its business at Borne, N. Y.
That for a number of years prior to the 1st day of December, 1893, and up to about the 19th day of December, 1894, John E^ Bielby was the duly appointed and acting cashier of the bank. That about December 1, 1893, William B. Cook of Borne made, a. general assignment for the benefit of his creditors to Bielby as assignee. Bielby accepted such trust and received money under the said assignment, which lie deposited in…
2Cases cited4 opinions
- Le Marchant v. . MooreNew York Court of Appeals · 1896
- Kirsch v. . TozierNew York Court of Appeals · 1894
- Suarez v. de MontignyAppellate Division of the Supreme Court of the State of New York · 1896
- Dykman v. NorthridgeNew York Supreme Court · 1894
3Cited by2 opinions
- In re McCarthyNew York Surrogate's Court · 1930
- In re the Estate of ForrestNew York Surrogate's Court · 1931