Legal Opinion

Central Union Trust Co. v. American Railway Traffic Co.

Appellate Division of the Supreme Court of the State of New York

Decided October 21, 1921PublishedCited by 5 opinions

Appeal by the defendants, American Railway Traffic Company and others, from an order of the Supreme Court, made at the Kings Special Term and entered in the office of the clerk of the county of Kings on the 29th day of June, 1921, directing the Nassau National Bank to pay over to the sheriff of Kings county the balance of the deposit account of said defendant with it, to be applied by the sheriff upon an execution in his hands upon a judgment of the plaintiff against the…

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Appeal by the defendants, American Railway Traffic Company and others, from an order of the Supreme Court, made at the Kings Special Term and entered in the office of the clerk of the county of Kings on the 29th day of June, 1921, directing the Nassau National Bank to pay over to the sheriff of Kings county the balance of the deposit account of said defendant with it, to be applied by the sheriff upon an execution in his hands upon a judgment of the plaintiff against the defendant.

1Opinion of the Court

Mills, J.:

This is all appeal by the defendant corporation, or rather by its surviving directors acting as trustees in dissolution, and by Mary Brown, an alleged creditor of the corporation, from an order made at the Kings Special Term June 29, 1921, directing the Nassau National Bank to pay over to the sheriff of Kings county the balance of the deposit account of said defendant with it, to be applied by the sheriff upon an execution in his hands upon a judgment of the plaintiff against the defendant.

The material facts are undisputed and are the following: The defendant is a domestic business…

2Cases cited3 opinions

  1. People v. . O'BrienNew York Court of Appeals · 1888
  2. Lafayette Trust Co. v. . BeggsNew York Court of Appeals · 1915
  3. In re FriedmanAppellate Division of the Supreme Court of the State of New York · 1917

3Cited by5 opinions

  1. Steinhardt Import Corp. v. LevyNew York Supreme Court · 1940
  2. In re Flexlite Corp.New York Supreme Court · 1943
  3. Yeckes v. CommissionerUnited States Tax Court · 1966
  4. In re the Compulsory Accounting of GreenbergNew York Surrogate's Court · 1955
  5. Jablow v. BallerAppellate Division of the Supreme Court of the State of New York · 1963

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