Grocers' National Bank v. Clark
New York Supreme Court
THIS was an action to recover damages for the fraudulent misapplication or conversion of property by an officer or agent of a banking association, the Grocers’ Bank, and for the arrest of the defendant. The Grocers’ Bank was a state institution, formed under the general banking law.
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THIS was an action to recover damages for the fraudulent misapplication or conversion of property by an officer or agent of a banking association, the Grocers’ Bank, and for the arrest of the defendant. The Grocers’ Bank was a state institution, formed under the general banking law. After the commission of the acts complained of, the Grocers’ Bank was converted into the “ Grocers’ National Bank,” under the laws of the United States, and by operation of the act of the legislature, of March 9, 1865, “ enabling the banks of this state to become associations for the purpose of banking, under the…
1Opinion of the Court
By the Court, Clerke, J.
The only question, among those presented on this motion, of which I entertained any doubt, on the argument, is that relating to the assignability of the demand.
*27[New York General Term, January 2, 1866.
This is nothing more or less than an action to recover damages for the fraudulent misapplication or conversion of property by an officer or agent of a banking association. If the property of an individual were thus misapplied or converted, there would be no doubt that the right to recover damages against the wrongdoer would survive to his executors or administrators, (2 B.…
2Cited by3 opinions
- Platt Corp. v. PlattAppellate Division of the Supreme Court of the State of New York · 1964
- Coffey v. National Bank of MissouriSupreme Court of Missouri · 1870
- Moreland v. MetzWest Virginia Supreme Court · 1884