Madison Trust Co. v. Carnegie Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Carnegie Trust Company and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 11th day of March, 1914, as originally entered, and as amended by an order entered in said clerk’s office on the 19th day of March, 1914, nunc pro tunc, as of the 11th day of March, 1914. The judgment was entered upon the decision of the court after a trial at the New York Special…
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Appeal by the defendants, Carnegie Trust Company and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 11th day of March, 1914, as originally entered, and as amended by an order entered in said clerk’s office on the 19th day of March, 1914, nunc pro tunc, as of the 11th day of March, 1914. The judgment was entered upon the decision of the court after a trial at the New York Special Term.
1Dissent
Scott, J. (dissenting):
I agree with the conclusion at which Mr. Justice Hotchkiss has arrived, that in no aspect of the case is the plaintiff entitled to a preferential lien upon the assets of the Carnegie Trust Company now in the hands of the Superintendent of Banks as official liquidator. This conclusion, however, in my opinion, renders it necessary to reverse the present judgment in toto and to remit the plaintiff to an action at law. Among the defenses pleaded by the defendants and insisted upon at the trial was one to the effect that plaintiff had an adequate remedy at law. That plea was…
2Cases cited6 opinions
- People's Bank v. St. Anthony's Roman Catholic ChurchNew York Court of Appeals · 1888
- Gause v. . Commonwealth Trust Co.New York Court of Appeals · 1909
- Buffalo Catholic Institute v. . BitterNew York Court of Appeals · 1881
- People v. CumminsAppellate Division of the Supreme Court of the State of New York · 1912
- Davidge v. . Guardian Trust Co.New York Court of Appeals · 1911
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