Legal Opinion
Howland v. Metropolitan Bank
District Court, S.D. New York
Decided May 12, 1915PublishedCited by 4 opinions
At Law. Action without a jury by Silas Howland, as receiver of the Improved Property Holding Company of New York, against the Metropolitan Bank.
1Opinion of the Court
MAYER, District Judge.
Plaintiff, a receiver in an equity conservation suit, has brought this action to recover $50,000 because of an alleged preferential payment'to defendant by the Improved Property Holding Company of New York (hereinafter called “Company”), the corporation of which plaintiff is receiver. To succeed the plaintiff must show that the payment came within the condemnation of section 66 of the New York Stock Corporation Law, which is as fallows:
“See. 66. Prohibited Transfers to Officers or Stockholders. — No corporation which shall have refused to pay any of its notes or other…
2Cases cited1 opinion
- Perry v. . Van Norden Trust Co.New York Court of Appeals · 1908
3Cited by4 opinions
- Bennett v. Rodman & English, Inc.District Court, E.D. New York · 1932
- In re North Babylon Estates, Inc.Court of Appeals for the Second Circuit · 1928
- Arnold v. Globe Exchange BankDistrict Court, E.D. New York · 1930
- Kolkman v. Manufacturers' Trust Co.District Court, S.D. New York · 1927