Hirshfeld v. . Fitzgerald
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 4, 1898, reversing a judgment entered upon a decision of the court dismissing the plaintiff’s complaint upon the merits on trial at Special Term, and ordering a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 4, 1898, reversing a judgment entered upon a decision of the court dismissing the plaintiff’s complaint upon the merits on trial at Special Term, and ordering a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Upon the payment of the plaintiff’s claim in full his interest in this cause of action ceased and determined, and by the assignment of the claim to Clirehugh, and by Clirehugh’s discharge and release to certain of the…
1Opinion of the CourtHaight, J.
This action was brought by the plaintiff, as a ■creditor of the Madison Square Bank, in behalf of himself and all other creditors of the bank similarly situated, who may choose to come in and share the benefits and expenses of the action, against the defendants as stockholders of the bank, to enforce an alleged liability under section 52 of the Banking Law of 1892.
The Madison Square Bank was organized in 1882 as a banking association, and carried on its business in the city of New York until about the 8th day of August, 1893, when it suspended payment, and an action was brought by the…
2Cases cited9 opinions
- Brinckerhoff v. . BostwickNew York Court of Appeals · 1885
- Marshall v. . ShermanNew York Court of Appeals · 1895
- Terry v. LittleSupreme Court of the United States · 1880
- Hallett & Davis v. HallettNew York Court of Chancery · 1829
- Innes v. LansingNew York Court of Chancery · 1839
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3Cited by86 opinions
- Ga Nun v. . PalmerNew York Court of Appeals · 1916
- Pearson v. MulloneyMassachusetts Supreme Judicial Court · 1935
- Guffanti v. . National Surety Co.New York Court of Appeals · 1909
- Hallett v. MooreMassachusetts Supreme Judicial Court · 1933
- Clarke v. GreenbergNew York Court of Appeals · 1947
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