Legal Opinion

Van Schaick v. Pennsylvania Exchange Bank

Appellate Division of the Supreme Court of the State of New York

Decided October 28, 1932PublishedCited by 3 opinions

1Opinion of the CourtO’Malley, J.

Is the defense pleaded sufficient in law, and has defendant shown facts entitling it to defend? These are the questions here presented.

The plaintiff, Superintendent of Insurance of the State of New York, as liquidator of the Equitable Casualty and Surety Company, sues to recover the sum of $5,668.16, the amount on deposit with the defendant to the credit of the casualty company on December 31, 1930, the date the order of liquidation was made and entered.

On the record before us there is no dispute as to essential facts. *454The amount of the deposit on the day in question is conceded; likewise,…

2Cases cited3 opinions

  1. Matter of Empire State Surety Co.New York Court of Appeals · 1915
  2. People v. . Metropolitan Surety Co.New York Court of Appeals · 1912
  3. In re PeopleAppellate Division of the Supreme Court of the State of New York · 1932

3Cited by3 opinions

  1. United States v. Sterling National Bank & Trust Co. of New YorkDistrict Court, S.D. New York · 1973
  2. Schaick v. AstorAppellate Terms of the Supreme Court of New York · 1935
  3. Schaick v. Bank of YorktownNew York Supreme Court · 1934

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