Atkinson v. . Rochester Printing Co.
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 the first Tuesday of January, 1887, which modified, and affirmed as modified, a judgment in favor of plaintiff, entered upon a verdict directed by the court and affirmed an order denying a motion for a new trial. The nature of the action and the facts are sufficiently stated in the opinion.
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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 the first Tuesday of January, 1887, which modified, and affirmed as modified, a judgment in favor of plaintiff, entered upon a verdict directed by the court and affirmed an order denying a motion for a new trial. The nature of the action and the facts are sufficiently stated in the opinion. It was error to refuse to submit the question of intent to the jury. (Hanan v. Fisher, 1 Cowp. 177.) The statute makes the question depend upon what was passing in the minds of the…
1Opinion of the Court
Follett, Ch. J.
The City Bank of Rochester was incorporated under the general banking act of this state. As early as December 16, 1882, it became insolvent, which fact the president and cashier well knew. The bank continued business, paying all demands until the close of business on the nineteenth of December, when it stopped payment. At a meeting of its directors held in the evening of that day, at which the cashier was present, it was resolved that an action be begun in the Supreme Court, and an application made in the action for the appointment of a receiver, and that David Hayes, an…
2Cases cited5 opinions
- Matter of Cavin v. . GleasonNew York Court of Appeals · 1887
- Cragie v. . HadleyNew York Court of Appeals · 1885
- Brouwer v. . HarbeckNew York Court of Appeals · 1854
- Gillet v. . PhillipsNew York Court of Appeals · 1855
- Smith v. HallThe Superior Court of New York City · 1859
3Cited by23 opinions
- Nonotuck Silk Co. v. FlandersWisconsin Supreme Court · 1894
- Board of Fire & Water Commissioners v. WilkinsonMichigan Supreme Court · 1899
- Cassidy v. . UhlmannNew York Court of Appeals · 1902
- Ferchen v. ArndtOregon Supreme Court · 1894
- Bank Commissioners v. Security Trust Co.Supreme Court of New Hampshire · 1900
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