Legal Opinion

Brown v. Mechanics & Traders' Bank

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

Decided July 1, 1897PublishedCited by 14 opinions

Appeal by the defendant, the Mechanics and Traders’ Bank, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 17th day of January, 1896, upon the report of a referee.

1Opinion of the Court

Rumsey, J.:

For many years before the 1st day of January, 1878, Ephraim D. Brown was the president of the defendant, and as such he had general charge of its affairs. In September, 1874, and while Brown was acting as president, one Michael Gavin, who was largely indebted to the • bank, was the owner of the equity of redemption in certain premises subject to mortgages which were about to be foreclosed. Gavin called upon Brown in his capacity as president of the bank and besought him to bid in the property in the interest of the bank and of Gavin himself, so that Gavin might have an opportunity…

2Cases cited4 opinions

  1. Tebbetts & Pearce v. DowdNew York Supreme Court · 1840
  2. Gilbert v. . WimanNew York Court of Appeals · 1848
  3. Howe v. . Buffalo, N.Y. Erie R.R. Co.New York Court of Appeals · 1867
  4. Brown v. Mechanics' & Traders' National BankNew York Supreme Court · 1890

3Cited by14 opinions

  1. Schubert v. August Schubert Wagon Co.New York Court of Appeals · 1928
  2. Melville Harris, as Trustee in Bankruptcy of Leonard Massello and William Massello v. Standard Accident and Insurance CompanyCourt of Appeals for the Second Circuit · 1961
  3. Admiral Oriental Line v. United StatesCourt of Appeals for the Second Circuit · 1936
  4. New York Dock Co. v. McCollumNew York Supreme Court · 1939
  5. Zimmermann v. WeberAppellate Division of the Supreme Court of the State of New York · 1909

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