In re Directors of Murray Hill Bank
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York County. Application by a majority of the directors of the Murray Hill Bank for a voluntary dissolution of said bank.
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Appeal from special term, New York County. Application by a majority of the directors of the Murray Hill Bank for a voluntary dissolution of said bank. From an order denying a motion by Spencer Trask and Miles M. O’Brien, temporary receivers of said bank, theretofore appointed, to compel the superintendent of banks to deliver to them the books, papers, and assets of the bank, or for a peremptory writ of mandamus to compel such delivery, and to restrain the superintendent from turning such books, papers, and assets over' to any other person, the receivers appeal.
1Opinion of the CourtIngraham, J.
—We do not concur in the opinion of Mr. *1291Justice 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 over 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 turn over to…
2Cases cited2 opinions
- People ex rel. Standard Gaslight Co. v. DalyNew York Supreme Court · 1894
- In re Majority of the Directors of Murray Hill BankAppellate Division of the Supreme Court of the State of New York · 1896