Tracy v. First National Bank of Syracuse
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William G. Tracy, as temporary receiver of Sweet’s Manufacturing Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Onondaga on the 4th day of August, 1899, upon the report of a referee.
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Appeal by the plaintiff, William G. Tracy, as temporary receiver of Sweet’s Manufacturing Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Onondaga on the 4th day of August, 1899, upon the report of a referee. On the 4th day of March, 1897, the corporation, of which the plaintiff is the receiver, obtained from the defendant a loan of $11,000, for which it gave its certain promissory note in the words and figures following, viz.: “ 110. 8250 May A “ $11000 . Syracuse, N. Y., Meh. 4¿fh, 1897. “,11110. Two months after…
1Opinion of the Court
Adams, P. J.:
The learned referee has found, and the evidence contained in the record fully justifies the finding, that the bills and accounts which were assigned to secure the two notes in question were for goods sold and delivered by the manufacturing company to various customers, and that the same were in fact paid to the bank from time to time, the'greater portion of those embraced in each list being paid before the respective notes matured; that the bank received the amounts thus paid both before and after the Maturity of the notes, applying so much thereof as was necessary to extinguish…
2Cases cited3 opinions
- Gillet v. . Bank of AmericaNew York Court of Appeals · 1899
- Fox v. International Hotel Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Hamilton v. . TaylorNew York Court of Appeals · 1858
3Cited by1 opinion
- Niles-Bement-Pond Co. v. UryNew York Supreme Court · 1907