Van Tuyl v. Schwab
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, George 0. Van Tuyl, Jr., as Superintendent of Banks of the State of Hew York, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 3d day of October, 1914, overruling his demurrer to a counterclaim contained in the answer of the defendant Liston L. Lewis.
1Opinion of the Court
McLaughlin, J.:
The plaintiff, as Superintendent of Banks of the State of Hew York, brought this action pursuant to section 19 of the *413Banking Law (Consol. Laws, chap. 2 [Laws of 1909, chap. 10], as amd. by Laws of 1910, chap. 452)* against all of the stockholders of the Carnegie Trust Company to enforce their individual liability under section 196 of the same law.* The respondent was the owner of 347 shares, par value $34,700, of the capital stock of the insolvent trust company. In his answer he pleaded as a “defense and counterclaim” the indebtedness of the trust company to him in the sum of…
2Cases cited8 opinions
- United States Tr. Co. of New York v. . U.S. Fire Ins. Co.New York Court of Appeals · 1858
- Hirshfeld v. . FitzgeraldNew York Court of Appeals · 1898
- Lantry v. WallaceSupreme Court of the United States · 1901
- Barnes v. ArnoldAppellate Division of the Supreme Court of the State of New York · 1899
- The Mosler Safe Company v. . Guardian Trust CompanyNew York Court of Appeals · 1913
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3Cited by11 opinions
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- White v. IdsardiAppellate Division of the Supreme Court of the State of New York · 1937
- In re Union Bank of BrooklynNew York Supreme Court · 1916
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