Koehler v. Farmers' & Drovers' National Bank
New York Supreme Court
Appeal from special term, Hew York county. Hermann Koehler brought an action against the Farmers’ & Drovers’ Bank of Somers, H. Y., and others, to secure the application of collaterals in the hands of the bank to the payment of plaintiff’s promissory note held by said bank. It appeared that others also claimed to be protected by the collaterals.
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Appeal from special term, Hew York county. Hermann Koehler brought an action against the Farmers’ & Drovers’ Bank of Somers, H. Y., and others, to secure the application of collaterals in the hands of the bank to the payment of plaintiff’s promissory note held by said bank. It appeared that others also claimed to be protected by the collaterals. The bank afterwards sued plaintiff on the note, and plaintiff applied for an injunction restraining the prosecution of the latter action until the hearing and decision of the former case. The order containing the injunction clause was afterwards…
1Opinion of the CourtDaniels, J.
The plaintiff is the maker of a promissory note for the payment of the sum of S3,893, in five months after the 4th of June, 1887. This note was made to the order of Mr. Shaleck, and delivered to George K. Chase, for his use and accommodation. He transferred the note to the Farmers’ & Drovers’ national Bank of Somers, as further security for an indebtedness contracted by him, and existing against him, in favor of the bank. Preceding transactions had taken place between the parties, but they do not essentially affect their rights or obligations, and therefore require no notice or examination…
2Cases cited5 opinions
- Neimcewicz v. GahnNew York Court of Chancery · 1831
- First National Bank v. . WoodNew York Court of Appeals · 1877
- Wilcox v. ToddSupreme Court of Missouri · 1877
- Wright v. AustinNew York Supreme Court · 1865
- Wooten v. BuchananMississippi Supreme Court · 1873
3Cited by2 opinions
- Gerseta Corp. v. Gramatan National Bank of BronxvilleAppellate Division of the Supreme Court of the State of New York · 1923
- Riverside Bank v. TottenNew York Supreme Court · 1890