Williams v. Van Norden Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Van Norden Trust Company, as assignee, etc., of James Clarke and another, from a judgment of the Supreme Court in favor of the plaintiff as against the said trust company, entered in the office of the clerk of the county of New York on the 17th day of January, 1905, upon the decision of the court rendered after a trial at the New York Special Term.
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Appeal by the defendant, the Van Norden Trust Company, as assignee, etc., of James Clarke and another, from a judgment of the Supreme Court in favor of the plaintiff as against the said trust company, entered in the office of the clerk of the county of New York on the 17th day of January, 1905, upon the decision of the court rendered after a trial at the New York Special Term. The judgment appealed from directs the dismissal of the complaint as to the defendants Clarke, and from that part thereof no appeal is taken by the defendant trust company.
1Opinion of the Court
Ingraham, J.:
The action was brought to recover from the assignee for the benefit of the creditors of the defendants Clarke the proceeds of a check *252deposited by Edmund T. Davis, the plaintiff’s assignor, with the , defendants Clarke, who were private bankers, on the 3d of Decerm her, 1903, upon the ground, that the defendants Clarke were.at the time of'the deposit insolvent and guilty of a fraud in receiving; the check on deposit, the plaintiff claiming to follow the proceeds i of the check into the hands of the Clarkes’ assignee for the benefit of creditors. The case was tried at Special Term…
2Cases cited2 opinions
- Cragie v. . HadleyNew York Court of Appeals · 1885
- In re North River BankNew York Supreme Court · 1891
3Cited by8 opinions
- Empire State Surety Co. v. Carroll CountyCourt of Appeals for the Eighth Circuit · 1912
- Starkey v. H. O. Wooten Grocery Co.Court of Appeals of Texas · 1912
- Fidelity & Deposit Co. of Maryland v. Kelso State BankCourt of Appeals for the Ninth Circuit · 1923
- Annis v. Security Trust Co.Supreme Judicial Court of Maine · 1934
- Blattmacher v. BrownNew York Supreme Court · 1937
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