Auburn Sav. Bank v. Hayes
District Court, N.D. New York
This was an action by the Auburn Savings Bank against Frank N. Haves, as receiver, etc., originally commenced in a state court. The plaintiff now moves to remand.
1Opinion of the Court
COXE, District Judge.
The plaintiff is a savings bank and had a deposit of #19,700 in the First National Bank of Auburn at the date of its suspension. This action was commenced in the supreme court of New York to recover the balance due upon said deposit after all dividends have been paid. The defendant, who is receiver of the insolvent bank, removed the action to this court. The plaintiff now moves to remand.
Section 282, c. 409, Laws N. Y. 1882, gives a preference to savings hanks having deposits in insolvent banks. The state court has decided that this law, as re-enacted, is applicable to…
2Cases cited5 opinions
- Elmira Savings Bank v. DavisNew York Supreme Court · 1893
- Grant v. Spokane Nat. BankU.S. Circuit Court for the District of Washington · 1891
- Sowles v. WittersU.S. Circuit Court for the District of Vermont · 1890
- Tehan v. First Nat. BankU.S. Circuit Court for the District of Northern New York · 1889
- Walker v. RichardsU.S. Circuit Court for the District of Minnesota · 1893