Elmira Savings Bank v. Davis
New York Supreme Court
Submission, without action, of a controversy between the Elmira Savings Bank, as plaintiff, and Charles Davis, receiver of the Elmira National Bank, as defendant. Judgment for plaintiff.
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Submission, without action, of a controversy between the Elmira Savings Bank, as plaintiff, and Charles Davis, receiver of the Elmira National Bank, as defendant. Judgment for plaintiff. The question in difference is stated in the submission as follows: “Whether the said the Elmira Savings Bank is entitled to recover judgment against the said Oharles Davis, as receiver of the Elmira National Bank, for the sum of forty-two thousand and seven hundred and four and sixty-seven hundredths (842,704.67) dollars, with interest thereon from May 23, 1893, as a preferred creditor of the said the Elmira…
1Opinion of the CourtMerwin, J.
By section 130 of the banking law (chapter 689 ■of the Laws of 1892) it is provided as follows:
“Sec. 130. Debts due savings banks from insolvent banks preferred. All the property of any bank or trust company which shall become insolvent, •shall, after providing for the payment of its circulating notes, if it has any, ¡be applied, by the trustees, assignees or receiver thereof in the first place, *202to the payment In full of any sum or sums of money deposited therewith by any savings bank, hut not to an amount exceeding that authorized to be so deposited by the provisions of this chapter, and…
2Cases cited5 opinions
- Scott v. ArmstrongSupreme Court of the United States · 1892
- National Bank v. CommonwealthSupreme Court of the United States · 1870
- Western Union Telegraph Co. v. Attorney General of CommonwealthSupreme Court of the United States · 1888
- Clark v. IselinSupreme Court of the United States · 1875
- Waite v. DowleySupreme Court of the United States · 1877
3Cited by6 opinions
- State ex rel. Carroll v. Corning State Savings BankSupreme Court of Iowa · 1907
- State Savings Bank v. FosterMichigan Supreme Court · 1898
- Chapman v. Southwest Nat. Bank of DallasCourt of Appeals of Texas · 1925
- Auburn Sav. Bank v. HayesDistrict Court, N.D. New York · 1894
- Chapman v. Southwest Nat. Bank of DallasCourt of Appeals of Texas · 1925
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