Legal Opinion

Curtis v. Leavitt

New York Supreme Court

Decided December 31, 1853PublishedCited by 7 opinions

In Equity. These causes, which were an original, and a cross-suit, were commenced in the late court of chancery, before the chancellor, and were transferred to this court by the operation of the new constitution and the judiciary act.

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In Equity. These causes, which were an original, and a cross-suit, were commenced in the late court of chancery, before the chancellor, and were transferred to this court by the operation of the new constitution and the judiciary act. They were brought to a hearing, upon pleadings and proofs, at the general terms of' this court, held in the city of New-York, in October and December, 1852. The nature and objects of the original and cross-bill, the facts established by the evidence, and the legal questions arising thereon, sufficiently appear from the following opinions, delivered by all the…

1Opinion of the CourtRoosevelt, J.

The North American Trust and Banking Company, although possessed of several millions in bonds and mortgages, having soon after its formation become embarrassed for want of sufficient cash capital, resorted to various expedients —some, at least, of a questionable character—to obtain relief. *313These embarrassments, notwithstanding, became more and more aggravated, until they ended finally in the dissolution of the company, and the appointment of Mr. Leavitt as receiver to wind up its affajrs. The receiver so appointed, representing-the interest of both creditors and stockholders, deemed it his…

2Cases cited4 opinions

  1. Warner & Ray v. BeersCourt for the Trial of Impeachments and Correction of Errors · 1840
  2. Gifford v. LivingstonNew York Supreme Court · 1845
  3. Ontario Bank v. SchermerhornNew York Court of Chancery · 1843
  4. House v. LowNew York Supreme Court · 1807

3Cited by7 opinions

  1. Gillespie v. BrooksNew York Surrogate's Court · 1876
  2. Livingston v. Bank of New YorkNew York Supreme Court · 1857
  3. Lusk v. Stoughton State BankWisconsin Supreme Court · 1908
  4. Eliot National Bank v. Woonsocket Electric MacHine & Power Co.Supreme Court of Rhode Island · 1910
  5. Case of the Mechanics' Bank of WilliamsburghNew York Supreme Court · 1857

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