Hollister v. Hollister Bank
New York Court of Appeals
Robert Hollister and William Wilkinson appealed to this court, from an order made by the supreme court, directing the receiver of the Hollister Bank to divide its remaining assets among creditors, excluding the claims of the appellants (who were stockholders and had been assessed, and had contributed to raise the fund), to share in the' distribution. The details are fully stated in the opinion of Davies, J.
1Opinion of the CourtPotter, J.
By a stipulation between the parties, the only question to be' decided on this appeal is, the right of the' appel*368Iants to a share in the money in the hands of the receiver. The appellants claim that, having paid the full amount of the judgments against them, they became creditors to the extent of the sums they paid, and are entitled to a return of the amounts they so paid, pro rata "with other creditors.
The proceeding in question is a special proceeding under the statute, entitled “ An act to enforce the liability of stockholders in certain banking corporations and associations as prescribed…
2Cases cited4 opinions
- United States Tr. Co. of New York v. . U.S. Fire Ins. Co.New York Court of Appeals · 1858
- In the Matter of the Reciprocity BankNew York Court of Appeals · 1860
- In Re Hollister Bank of BuffaloNew York Court of Appeals · 1863
- In the Matter of the Hollister BankNew York Court of Appeals · 1861