In re Majority of the Directors of Murray Hill Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by Spencer Trask and another, as receivers of the Murray Hill Bank, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on- the 25th day of September, 1896, denying their motion to compel the State Superintendent of Banks to deliver to them, as; such receivers, the books, papers and assets of the bank, or for a peremptory writ of mandamus to compel such delivery, and to restrain said…
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Appeal by Spencer Trask and another, as receivers of the Murray Hill Bank, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on- the 25th day of September, 1896, denying their motion to compel the State Superintendent of Banks to deliver to them, as; such receivers, the books, papers and assets of the bank, or for a peremptory writ of mandamus to compel such delivery, and to restrain said Superintendent of Banks from turning such books and papers and assets over to any other person. The facts are fully stated…
1Opinion of the Court
Ingraham, J.:
We do not concur in the opinion of Mr. Justice Williams: We do not think, however, that' it is necessary on this appeal to pass upon the questions discussed by him, as this order must be affirmed upon the ground that it appeared on the motion that prior to the time the motion was argued the Superintendent of Banks had turned *555over to certain receivers appointed in another action all the property, assets and books of the bank then in his possession, and that he was no longer in possession of such property. The motion which resulted in the order appealed from was to compel him to…
2Cited by1 opinion
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