Holden v. . New York and Erie Bank
New York Court of Appeals
Appear from judgment of the General Term of the Supreme Court, iu the fourth judicial department, affirming a judgment iu favor of plaintiff, entered upon the report of a referee.
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Appear from judgment of the General Term of the Supreme Court, iu the fourth judicial department, affirming a judgment iu favor of plaintiff, entered upon the report of a referee. This action was brought, among other things, to have certain assignments of shares of the stock of defendant, The New York Erie Bank, set aside as fraudulent, and for an adjudication declaring the amount of a deposit in said bank by John S. Ganson, as executor under the will of William R. Gwinn, transferred upon such assignments from his account as executor to his individual account, to be a valid claim and…
1Opinion of the CourtFolger, J.
To rightly consider this case, we must look upon Ganson, the chief actor in the transaction, in three capacities. They are not altogether consistent, but he exercised them all. His more immediate interest was personal, and in that he acted as an individual. He was also an agent of the bank, its principal financial officer, the real and constant controller and manager of its affairs; indeed, it is not easy to separate him from it, or to consider him as other than the bank itself, so completely were the affairs of it subject to his will and under his immediate management. He was also the…
2Cases cited4 opinions
- Fulton Bank v. New-York & Sharon Canal Co.New York Court of Chancery · 1833
- Porter v. Bank of RutlandSupreme Court of Vermont · 1847
- Sharpe v. . FreemanNew York Court of Appeals · 1871
- Seneca County Bank v. NeassNew York Supreme Court · 1848
3Cited by83 opinions
- American Surety Company v. PaulySupreme Court of the United States · 1898
- Cragie v. . HadleyNew York Court of Appeals · 1885
- Village of Port Jervis v. . First National B'k.New York Court of Appeals · 1884
- Curtis, Collins & Holbrook Co. v. United States, and Twenty-Three Other CasesSupreme Court of the United States · 1923
- Goldstein v. Union National BankTexas Supreme Court · 1919
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