Rhinelander v. National City Bank
Appellate Division of the Supreme Court of the State of New York
. Appeal by the plaintiff, Frederic W. Rhinelander,- Jr., and by the ■defendants Mark T. Cox, as assignee for the benefit of creditors of •Charles Sands and Joseph Bond, composing the firm o'f Samuel S. Bands & Co., and Sarah de Courcey Parrish, from so much of a judgment of the Supreme Court, entered in the office of the- clerk ■of the county of New York on the 27th day of July, 1897, upon the report of a referee, as awards payment to the defendant Ayer •of any portion of…
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. Appeal by the plaintiff, Frederic W. Rhinelander,- Jr., and by the ■defendants Mark T. Cox, as assignee for the benefit of creditors of •Charles Sands and Joseph Bond, composing the firm o'f Samuel S. Bands & Co., and Sarah de Courcey Parrish, from so much of a judgment of the Supreme Court, entered in the office of the- clerk ■of the county of New York on the 27th day of July, 1897, upon the report of a referee, as awards payment to the defendant Ayer •of any portion of the fund, and does not award payment to the' ■plaintiff and to the defendant Parrish of the full amounts- claimed, by…
1Opinion of the Court
Patterson, J.:
The suhject-matter of this action is the ownership of a fund in the possession of the National City Bank of New York, as to-which that bank makes ho claim, but of which it is the custodian. Four claimants assert rights in and to the fund. It consists of a balance of moneys arising from the sale of various securities which were pledged by Sands & Co., a firm of stock brokers, to the bank for an indebtedness of the pledgors; such sale having been made-on the default of the pledgors in payment of their debt to which the securities were collateral. Among the securities thus pledged…
2Cases cited1 opinion
- Le Marchant v. . MooreNew York Court of Appeals · 1896
3Cited by4 opinions
- Tompkins v. Morton Trust Co.Appellate Division of the Supreme Court of the State of New York · 1904
- In re MillsNew York Supreme Court · 1908
- Mould v. Importers & Traders' National BankAppellate Division of the Supreme Court of the State of New York · 1902
- Woert v. OlmsteadNew York Supreme Court · 1901