In re Carnegie Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by John J. Kennedy, State Treasurer of the State of New York, 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 12th day of March, 1912, denying a preference to the Treasurer of the State of New York as a depositor in and creditor of the Carnegie Trust Company.
1Opinion of the Court
Scott, J.:
■ This appeal presents but the single question whether or not the State, being a depositor in and creditor of an insolvent bank or trust company, is entitled to a preference.in payment over unsecured general creditors. There is no dispute as to the facts. The Carnegie Trust Company of New York city, *607incorporated, by this State, failed and went into liquidation on January?, 1911. It had then on deposit the sum of $135,839.90 belonging to the' State of Hew York, all but a few thousand dollars of which was part of a special fund known as the canal fund. As security for the amounts so…
2Cases cited14 opinions
- Bertles v. . NunanNew York Court of Appeals · 1883
- Fulton L., H. P. Co. v. . State of N.Y.New York Court of Appeals · 1911
- Central Trust Co. v. New York City & Northern RailroadNew York Court of Appeals · 1888
- Orem v. WrightsonCourt of Appeals of Maryland · 1879
- Hardmann v. . BowenNew York Court of Appeals · 1868
9 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Matter of Sullivan Co., Inc.New York Court of Appeals · 1942
- Matter of Atlas Television Co.New York Court of Appeals · 1936
- Aetna Accident & Liability Co. v. MillerMontana Supreme Court · 1918
- Montgomery v. StateSupreme Court of Alabama · 1934
- In re LacailleNew York Supreme Court · 1964
20 more not listed; retrieve them via the Exa API.