Van Tuyl v. Sullivan
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Henry F. Birgel and others, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings.
1Opinion of the Court
Jaycox, J.:
This action is instituted by the Superintendent of Banks of the State of Hew York to enforce the statutory liability of the defendants as stockholders of the Union Bank of Brooklyn, an insolvent banking corporation. Some of the defendants have demurred to the complaint. They have interposed a number of separate demurrers. The grounds stated for such demurrers *393are: First. Because the plaintiff has no legal capacity to sue, for the reason that (a) suit must be in the name of the bank; (b) in general, the statutes attempting to give the Superintendent of Banks power to bring suits of…
2Cases cited8 opinions
- In Re the Matter of the Examination of the Union BankNew York Court of Appeals · 1912
- Hirshfeld v. . BoppNew York Court of Appeals · 1895
- Abbey v. . WheelerNew York Court of Appeals · 1902
- Van Tuyl v. . ScharmannNew York Court of Appeals · 1913
- Van Tuyl v. RobinAppellate Division of the Supreme Court of the State of New York · 1913
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3Cited by4 opinions
- Broderick v. AdamsonNew York Supreme Court · 1933
- Broderick v. Betco Corp.New York Supreme Court · 1933
- Richards v. ScharmannNew York Supreme Court · 1916
- Broderick v. WeinsierNew York Supreme Court · 1937