Legal Opinion

Security Bank v. National Bank of Commonwealth

New York Supreme Court

Decided July 1, 1874Published

Appeal from an order, denying a motion to set aside a judgment recovered by default, and for leave to answer.

1Opinion of the Court

Daniels, J.:

A receiver was appointed, nnder the national currency act,* of the books, assets and records of the defendant, as an insolvent national banking association, in September, 1873, and he entered upon the discharge of his duties in that capacity. After that, and on the fourth of March, 1874, the summons in this action was served upon George Ellis, the defendant’s president, and he, to use Ms own language concerning his singular and extraordinary conduct following the service, supposing that his connection with the' bank ceased by the appointment of the receiver, “ took no notice *289of…

2Cases cited3 opinions

  1. The People v. . the N.Y.C.R.R. Co.New York Court of Appeals · 1864
  2. Davenport v. FerrisNew York Supreme Court · 1810
  3. Packard v. HillNew York Supreme Court · 1825

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