Appleton v. Citizens' Central National Bank
New York Court of Appeals
Appeal from a judgment entered June 1, 1907, upon an order of the Appellate Division of the Supreme Court in the first judicial department which affirmed a judgment of Special Term sustaining a demurrer to and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment entered June 1, 1907, upon an order of the Appellate Division of the Supreme Court in the first judicial department which affirmed a judgment of Special Term sustaining a demurrer to and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The transaction between the Central Bank and the Cooper Bank was not such a contract of guaranty as is inhibited against national banks, but was a written promise made to a third party in the prosecution and collection of an existing valid debt. (C. Nat. Bank v.…
1Opinion of the Court
Cullen, Ch. J.
This action is brought by the plaintiff as receiver_of_a dissolved bank against the defendant, who is the successor of the Central National Bank of the city of New York. The complaint which thus far has been held not to state a good cause of action alleges that on the 4th day of January, 1904, the bank which the plaintiff represents loaned and advanced to one Mikael Samuels the sum of $12,000 on the written agreement of said Samuels to repay, said siun on or before four months after date with interest, the repayment of which said loan the Central National Bank guaranteed by the…
2Cases cited6 opinions
- Central Transportation Co. v. Pullman's Palace Car Co.Supreme Court of the United States · 1891
- Cochran & Sayre v. United StatesSupreme Court of the United States · 1895
- Marsh v. Fulton CountySupreme Court of the United States · 1871
- Logan County National Bank v. TownsendSupreme Court of the United States · 1891
- People's Bank v. National BankSupreme Court of the United States · 1880
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3Cited by38 opinions
- Citizens' Central Nat. Bank of NY v. AppletonSupreme Court of the United States · 1910
- Dyer v. Broadway Central BankNew York Court of Appeals · 1930
- Mutual Life Ins. Co. v. . StephensNew York Court of Appeals · 1915
- Third National Bank v. St. Charles Savings BankSupreme Court of Missouri · 1912
- Gause v. . Commonwealth Trust Co.New York Court of Appeals · 1909
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