The People v. . the City Bank of Rochester
New York Court of Appeals
An. application for such an order is not a motion as defined by the Code of Civil Procedure (§ 768), but a special proceeding “for the enforcement or protection of a right ” (§ 3334) in which costs may be awarded in the discretion of the court as in an action.
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An. application for such an order is not a motion as defined by the Code of Civil Procedure (§ 768), but a special proceeding “for the enforcement or protection of a right ” (§ 3334) in which costs may be awarded in the discretion of the court as in an action. Appeal from order of the General Term of the Supreme Court, in the third judicial department, made July 3, 1883, which reversed an order of Special Term, denying an application on the part of the firm of Sartwell, Hough & Ford, for an order requiring Hobart F. Atkinson, as receiver appointed in this action of the property and effects of…
1Opinion of the CourtDanfoeth, J.
The record shows that the firm of Sartwell, Hough & Ford, doing business at Rochester1, were depositors with the Rochester City Bank, and that the bank also from time to time discounted their notes, payable in the city of New York, but with the understanding that they should in fact be paid at the bank. In November, 1882, two of such notes — one for $3,000, and one for $5,000 — were outstanding, and to become due respectively January 6 and January 20, 1883, and they wishing to anticipate payment on the 3d of November so informed the bank in regard to the first note, and then gave, and the…
2Cases cited3 opinions
- Van Alen v. . American National BankNew York Court of Appeals · 1873
- Libby v. HopkinsSupreme Court of the United States · 1881
- The People v. . Merchants and Mechanics' Bk.New York Court of Appeals · 1879
3Cited by105 opinions
- Matter of Cavin v. . GleasonNew York Court of Appeals · 1887
- Brown v. . SpohrNew York Court of Appeals · 1904
- Hyman v. CohenSupreme Court of Florida · 1954
- McLeod v. EvansWisconsin Supreme Court · 1886
- Jennings v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1935
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