Legal Opinion

In re the Receiver of the City Bank

New York Court of Chancery

Decided October 17, 1843PublishedCited by 8 opinions

This was an application by the receiver of the property and effects of the City Bank of Buffalo, for the instruction and direction of the court, in relation to the settlement and adjustment of certain claims against the bank, which claims had been presented to and disallowed by him.

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This was an application by the receiver of the property and effects of the City Bank of Buffalo, for the instruction and direction of the court, in relation to the settlement and adjustment of certain claims against the bank, which claims had been presented to and disallowed by him. A bill was filed by the bank commissioners, against the corPorati°n> charging it with insolvency and with a viola-t*on *ts c^arter 5 and praying for an injunction to restrain such corporation and its officers from exercising any of its franchises and privileges, and for the appointment of a receiver of its…

1Opinion of the Court

The Chancellor.

The sixth section of the act abolishing the office of bank commissioner, (Laws of 1843, p. 301,) authorizes the comptroller, in certain cases, to appoint an officer as a substitute for those whose office is abolished. But his powers and duties do not appear to apply to a case like the present, where a bank has already been proceeded against j even if he would be authorized to institute a proceeding, in this court, for an injunction against the bank which he was appointed to examine. The power of such special commissioner to apply, in his own name, for an injunction, or for the…

2Cited by8 opinions

  1. Macon & Western R. R. v. ParkerSupreme Court of Georgia · 1851
  2. Van Buren v. Chenango County Mutual InsuranceNew York Supreme Court · 1852
  3. Steingut v. Guaranty Trust Co. of New YorkDistrict Court, S.D. New York · 1944
  4. Ferry v. Bank of Central New-YorkNew York Supreme Court · 1858
  5. Bloodgood v. BruenNew York Surrogate's Court · 1851

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