Balbach v. Frelinghuysen
District Court, D. New Jersey
On Bill and Answer. This ease has been heard on bill and answer, except so far as they have been explained or qualified by the admission and proofs of the parties, in a stipulation filed at the hearing.
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On Bill and Answer. This ease has been heard on bill and answer, except so far as they have been explained or qualified by the admission and proofs of the parties, in a stipulation filed at the hearing. It was therein agreed: (1) That the last day on which the Mechanics’ National Bank of Newark carried on the general business of banking was Saturday, October 29, 1881; that oil Sunday, October 30th, the cashier disclosed to its board of directors its insolvent condition; that the board then resolved to close the doors of the bank; that it should be put in the hands of a government examiner for…
1Opinion of the CourtNixon, J.
The pleadings and stipulations present two questions for consideration:(1) "Whether the complainants are entitled to have the check, which was deposited by them for collection on the twenty-ninth day of October, 1881, and not forwarded until after the bank was closed, returned to them on account of tiie insolvency of the bank.(2) "Whether the receiver should allow to the complainants the balance due to them from the bank, at the time of its failure, as an offset to their indebtedness upon tho two promissory notes for $15,000 each, and respectively dated July 19 and August 15, 1881.
There is no…
2Cases cited1 opinion
- Scott v. . the Ocean Bank in the City of New YorkNew York Court of Appeals · 1861
3Cited by21 opinions
- Richardson v. Louisville Banking Co.Court of Appeals for the Fifth Circuit · 1899
- Acme Hay & Mill Feed Co. v. Metropolitan National BankSupreme Court of Iowa · 1924
- Williams v. JohnsonMontana Supreme Court · 1914
- First National Bank v. McMillan Bros.Court of Appeals of Georgia · 1914
- Miller v. Norton & SmithSupreme Court of Virginia · 1913
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