Warner v. Fourth National Bank
New York Court of Appeals
Appeal from order of the General Term of the Supreme Oourt in the first judicial department, made Hay 13, 1887, which reversed a judgment in favor of defendant, entered upon a trial at Special Term and ordered a new trial. This action was brought by plaintiff as assignee of the Penn Bank.
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Appeal from order of the General Term of the Supreme Oourt in the first judicial department, made Hay 13, 1887, which reversed a judgment in favor of defendant, entered upon a trial at Special Term and ordered a new trial. This action was brought by plaintiff as assignee of the Penn Bank. The complaint alleged, in substance, that said bank transferred to defendant, the Fourth National Bank, a large amount of negotiable securities, consisting of promissory notes .and bills of exchange, as security for a loan; that said defendant collected the same, realizing a sum in excess of the loan, which…
1Opinion of the CourtGray, J.
The question, to which our attention is directed by this appeal, is as to what constitutes an effectual levy, under a warrant of attachment, upon personal property, con■sisting of promissory notes and other similar securities, negotiable in their nature, and which are held under pledge for the security of a debt. Here. .th.a_appellant. a New York bank, having p, claim against the Penn Bank, a Pennsylvania corporation. Things an action upon _ it and attaches, in limine, property of the Penn Bank, in the possession of the American Exchange Bank, in New York. To secure repayment to the latter…
2Cases cited2 opinions
- Anthony v. . WoodNew York Court of Appeals · 1884
- Farwell v. Importers & Traders' National Bank of New YorkNew York Court of Appeals · 1882
3Cited by28 opinions
- Simpson v. . Jersey City Contracting Co.New York Court of Appeals · 1900
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- Houghton v. Pacific Southwest Trust & Savings BankCalifornia Court of Appeal · 1931
- Commission for Polish Relief, Ltd. v. Banca Nationala A RomanieiAppellate Division of the Supreme Court of the State of New York · 1941
- Clements v. DoblinAppellate Division of the Supreme Court of the State of New York · 1924
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