Tehan v. First Nat. Bank
U.S. Circuit Court for the District of Northern New York
Motion to Remand. Action by William H. Tedian against the First National Bank of Auburn and Frank M. Hayes, receiver of said bank, to have certain indebtedness due plaintiff' as administrator, by said bank, applied to the payment of notes held by the hank against him. It was removed from the supreme court of Now York by defendants on the ground that a federal question was involved, it being contended that Rev. St. U. S. §§ 5234, 5236, 5242, were drawn in question.
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Motion to Remand. Action by William H. Tedian against the First National Bank of Auburn and Frank M. Hayes, receiver of said bank, to have certain indebtedness due plaintiff' as administrator, by said bank, applied to the payment of notes held by the hank against him. It was removed from the supreme court of Now York by defendants on the ground that a federal question was involved, it being contended that Rev. St. U. S. §§ 5234, 5236, 5242, were drawn in question. These sections refer to the appointment by the comptroller of the treasury of a receiver to take possession and administer the…
1Opinion of the CourtCoxe, J.
This action was commenced in the supreme court of the state of New York. It was removed to this court upon the theory that a federal question is involved. The plaintiff, as administrator of the estate of Eliza Tehan, had at various times deposited in the First National Bank of Auburn the sum of $2,279, for which he held certificates of deposit, payable to him in his official capacity, at the time the bank closed its doors. The bank was also indebted to him individually, as a depositor, in the sum of $40. At the time of its failure the bank held the plaintiff’s notes for $5,500, upon all of…
2Cases cited2 opinions
- Gold-Washing and Water Co. v. KeyesSupreme Court of the United States · 1878
- New Amsterdam Savings Bank v. TartterNew York Supreme Court · 1877
3Cited by2 opinions
- Auburn Sav. Bank v. HayesDistrict Court, N.D. New York · 1894
- Getty v. First National Bank, Pennsylvania Court of Common Pleas, Lawrence County1933