Park Bank v. Remsen
Supreme Court of the United States
ERROR TOTHE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. This case was tried by the court without a jury, and from the findings the following facts appear: The German-American Mutual Warehousing and Security .Company (hereafter called the warehouse company) was a corporation of the State of New York, incorporated by c. 701, Laws N. Y. 1872, vol. 2, p. 1673. Section 9 of this chapter provides that “ the corporation hereby created shall possess all…
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ERROR TOTHE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. This case was tried by the court without a jury, and from the findings the following facts appear: The German-American Mutual Warehousing and Security .Company (hereafter called the warehouse company) was a corporation of the State of New York, incorporated by c. 701, Laws N. Y. 1872, vol. 2, p. 1673. Section 9 of this chapter provides that “ the corporation hereby created shall possess all the general powers and privileges, and be subject to all the liabilities conferred and imposed upon corporations…
1Opinion of the CourtJustice Brewer
The-highest court of the State which incorporated the warehouse company and in which it is situated, has ruled, in a direct action against'it, that it did not become indebted to the plaintiff by reason of its endorsement. The liability of the defendants is not primary and that of a debtor, but secondary and depends altogether upon a statute of that State of a penal character, which declares that, upon certain omissions of duty on the part of a trustee, he shall become responsible for the debts of the company. Can the Federal Courts ignore the decision of the Court of Appeals and, in face of…
2Cases cited9 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- Gardner v. Michigan Central RailroadSupreme Court of the United States · 1893
- Manhattan Life Insurance v. BroughtonSupreme Court of the United States · 1883
- Miller v. . WhiteNew York Court of Appeals · 1872
- Chase v. CurtisSupreme Court of the United States · 1885
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3Cited by28 opinions
- Davis v. MillsSupreme Court of the United States · 1904
- Equitable Life Assurance Society of the United States v. BrownSupreme Court of the United States · 1909
- Gledhill v. Fisher & Co.Michigan Supreme Court · 1935
- Moss v. SmithCalifornia Supreme Court · 1916
- Atherton v. AndersonCourt of Appeals for the Sixth Circuit · 1936
23 more not listed; retrieve them via the Exa API.