United States Tr. Co. of New York v. . U.S. Fire Ins. Co.
New York Court of Appeals
Appeal Ly the receiver of the Empire City Bank, to review a judgment of the general term of the Supreme Court, in the first district, by which a judgment of the special term, in the same district, was reversed. A proceeding was commenced in January, 1855, under the act of 1849 (c/t. 326) to enforce the responsibility of stockholders in banking corporations and associations, to wind up the Empire City Bank. One Gr.
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Appeal Ly the receiver of the Empire City Bank, to review a judgment of the general term of the Supreme Court, in the first district, by which a judgment of the special term, in the same district, was reversed. A proceeding was commenced in January, 1855, under the act of 1849 (c/t. 326) to enforce the responsibility of stockholders in banking corporations and associations, to wind up the Empire City Bank. One Gr. H. Purser, claiming to be a creditor of the bank for above $900, presented his affidavit to Mr. Justice Roosevelt, setting forth his claim as a depositor of the bank; that it had…
1Opinion of the Court
By the Court,
Denio, J.
I am of opinion that the determination appealed from cannot be sustained, upon the principle on which it was placed by the general term of the Supreme Court. It has not been denied that the bank actually issued circulating notes, procured according to the provisions of the general banking law; and that fact was incidentally stated in several of the papers which were before the court. For instance, the second application of Mr. Purser, upon which the order to show cause was granted, complains that the bank had, subsequent to its failure, paid demands against it, to a…
2Cases cited3 opinions
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- State Ex Rel. Caldwell v. Hooker, County JudgeSupreme Court of Oklahoma · 1908
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