Assets Realization Co. v. . Howard
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered September 7, 1912, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court after a trial at Special Term. The action is brought to enforce a liability of stockholders in a state bank for an alleged indebtedness of the bank.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered September 7, 1912, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court after a trial at Special Term. The action is brought to enforce a liability of stockholders in a state bank for an alleged indebtedness of the bank. On and prior to August 10, 1901, the Metropolitan Bank was a state bank having its place of business in the city of Buffalo, New York. It had been subjected to a run by its depositors and a representative of the banking…
1Opinion of the CourtHiscock, J.
The plaintiff brings this action as assignee of the German Bank of Buffalo to recover from the defendants as stockholders in the former Metropolitan Bank of Buffalo their proportionate shares of indebtedness claimed to have been due to said German Bank from said Metropolitan Bank.
As has been fully set out in the preceding statement of facts, an agreement was made between these two banks for the liquidation by the former of the business of the latter. The Metropolitan Bank transferred to the German Bank all of its assets, and the latter bank undertook to and did advance the money necessary to…
2Cases cited17 opinions
- &198tna National Bank v. . Fourth National BankNew York Court of Appeals · 1871
- Howarth v. . AngleNew York Court of Appeals · 1900
- Miller v. . WhiteNew York Court of Appeals · 1872
- North-Western Mutual Life Insurance v. MooneyNew York Court of Appeals · 1888
- People Ex Rel. Winchester v. . ColemanNew York Court of Appeals · 1892
12 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Lafayette Trust Co. v. . BeggsNew York Court of Appeals · 1915
- Goerke Kirch Co. v. Goerke Kirch Holding Co.Supreme Court of New Jersey · 1935
- Roberts v. PeopleSupreme Court of Colorado · 1938
- Assets Realization Co. v. . RothNew York Court of Appeals · 1919
- Westville Land Co. v. HandleSupreme Court of New Jersey · 1934
29 more not listed; retrieve them via the Exa API.