People v. German Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by Albert J. Wheeler, as receiver of The German Bank, from a judgment of the Supreme Court in favor of the claimant, entered in the office of the clerk of the county of Erie on the 8th day of May, 1907, upon the report of a referee appointed to hear, try and determine the matters in controvérsy on plaintiff’s claim against said German Bank, which had been presented to, and rejected by, said receiver, by which judgment it was determined that said claimant recover of…
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Appeal by Albert J. Wheeler, as receiver of The German Bank, from a judgment of the Supreme Court in favor of the claimant, entered in the office of the clerk of the county of Erie on the 8th day of May, 1907, upon the report of a referee appointed to hear, try and determine the matters in controvérsy on plaintiff’s claim against said German Bank, which had been presented to, and rejected by, said receiver, by which judgment it was determined that said claimant recover of the receiver in due course the sum of $3,150, the amount of the claim found due him, and $225.50 qpsts and disbursements.
1Opinion of the Court
Robson, J. :
On August 10, 1901, the Metropolitan Bank of Buffalo, 17. Y., made a contract with the German Bank of the same city, the purpose of which was, .as therein stated, to accomplish the voluntary liquidation of the affairs of the Metropolitan Bank, and thereby avoid, as far as possible, the expenses incident to a receivership. For some time prior to making the liquidation agreement the Metropolitan Bank had been the owner of the stock and fixtures used in the conduct of a saloon and restaurant business in Buffalo, and had, on or about June 1, 1901, made a lease for the term of eleven…
2Cases cited5 opinions
- Woodruff v. . Erie Railway CompanyNew York Court of Appeals · 1883
- Astor v. HoytCourt for the Trial of Impeachments and Correction of Errors · 1830
- Walton v. Cronly's AdministratorNew York Supreme Court · 1835
- Frank v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1890
- Ranger v. BaconNew York Court of Common Pleas · 1893
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- Medical Arts Bldg. Co. v. Minnesota Loan & Trust Co.Court of Appeals for the Eighth Circuit · 1935
- Schlesinger v. PerperAppellate Terms of the Supreme Court of New York · 1911