Greene v. County of Niagara
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 4,1900, reversing an order of Special Term appointing a referee under chapter 614 of the Laws of 1900. This appeal involves the validity of chapter 614 of the Laws of 1900,-entitled1 “An act for the relief of William 0. Greene, as receiver of the Merchants’ Bank of Lockport.”
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 4,1900, reversing an order of Special Term appointing a referee under chapter 614 of the Laws of 1900. This appeal involves the validity of chapter 614 of the Laws of 1900,-entitled1 “An act for the relief of William 0. Greene, as receiver of the Merchants’ Bank of Lockport.” Section 1 of this act authorized an application by Greene as receiver to a Special Term of the Supreme Court for the appointment of a referee to ascertain and report the amount of moneys advanced by the…
1Opinion of the CourtLandon, J.
The issue in the action of the receiver against the county of Eiagara was whether the bank or the county was equitably entitled to the proceeds of tiro note and draft which Arnold, the defaulting treasurer, had deposited with Ellsworth. The receiver was defeated because he was not, as against the county, equitably entitled to recover the overdraft. Whatever his rights were against Arnold, he had none against the county. The referee found in substance that the alleged overdraft was a fiction. It was produced by charging Arnold’s account as county treasurer with $4,400 and $5,150 which Arnold,…
2Cases cited9 opinions
- Weismer v. . Village of DouglasNew York Court of Appeals · 1876
- Cole v. . the State of New YorkNew York Court of Appeals · 1886
- Roberts v. . the StateNew York Court of Appeals · 1899
- Germania Savings Bank v. Village of Suspension BridgeNew York Court of Appeals · 1899
- Wrought Iron Bridge Co. v. Town of AtticaNew York Court of Appeals · 1890
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3Cited by26 opinions
- Hodes v. AxelrodNew York Court of Appeals · 1987
- Matter of Chapman v. . City of New YorkNew York Court of Appeals · 1901
- Matter of Mahon v. . Bd. of EducationNew York Court of Appeals · 1902
- Paramino Lumber Co. v. MarshallSupreme Court of the United States · 1940
- Macartney v. ShipherdOregon Supreme Court · 1911
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