Miller v. Receiver of the Franklin Bank
New York Court of Chancery
The petitioner stated that he was public administrator of the city of New York; that he had an account in the Franklin Bank, as public administrator; that he always had an interest personally in the moneys deposited to his credit in that account, and frequently, for convenience and safety, deposited money to that account which did not belong to him as public administrator; that on the morning on which the bank stopped payment, he drew out from the bank, on his account as…
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The petitioner stated that he was public administrator of the city of New York; that he had an account in the Franklin Bank, as public administrator; that he always had an interest personally in the moneys deposited to his credit in that account, and frequently, for convenience and safety, deposited money to that account which did not belong to him as public administrator; that on the morning on which the bank stopped payment, he drew out from the bank, on his account as public administrator, $1,150 in bills, which he had in his hands at the time the injunction was served, leaving a…
1Opinion of the Court
'-The Chancellor :—The legal and equitable rights of the petitioner remain as they did at the time the injunction was served on the officers of the bank. ISTo payments which he has made as public administrator out of his own moneys since that time can give him the right of set-off; and if such right then existed, it was not divested by the appointment of the receiver. The question then arises, whether the bills of the bank in his hands, and the moneys deposited to his credit as public administrator, at the time the bank stopped payment, could have been off set either at law or in equity,…
2Cited by24 opinions
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- Mattingly v. SuttonWest Virginia Supreme Court · 1881
- Williams v. JohnsonMontana Supreme Court · 1914
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