Hayes v. . Beardsley
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made February 2, 1892, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial by the court without a jury. This action was brought by plaintiff as receiver of the First National Bank of Auburn to recover the amount of certain certificates of deposits paid to defendant.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made February 2, 1892, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial by the court without a jury. This action was brought by plaintiff as receiver of the First National Bank of Auburn to recover the amount of certain certificates of deposits paid to defendant. The facts, so far as material, are stated in the opinion. This transfer and payment was made after the commission of an act of insolvency, or in contemplation thereof, and…
1Opinion of the Court
Earl, Ch. J.
In December, 1883, the defendant deposited in the First National Bank of Auburn $15,000, and took two certificates of deposit for the same payable with six per cent interest; and in January, 1884, he made another deposit of $10,000, and took a similar certificate. On the 23d day of March, 1887, the bank through its cashier, paid and took up the first two certificates by transferring to the defendant negotiable paper running a short time and paying to him in cash the sum of $506.60 the difference between the value of the negotiable paper and the two certificates. The defendant did…
2Cited by9 opinions
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- Rice v. Van WhySupreme Court of Colorado · 1910
- Stone v. JenisonMichigan Supreme Court · 1897
- Baird v. First National BankNorth Dakota Supreme Court · 1927
- O'Leary Bros. v. AbelesSupreme Court of Arkansas · 1900
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