In re the State Bank of Canastota
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMcNamee, J.
It does not appear from the record on appeal that depositor Bussell ever presented, filed or proved a claim for the interest in question. The Banking Law directs that the liquidator “ shall notify all persons who may have claims ” against *41the bank “ to present the same to him and make proper proof thereof,” within the time and at the place specified in the notice given by him. (Banking Law, § 72.) A mere statement to the liquidator that Russell was entitled to interest on the deposit in question, without other showing, cannot be held to be a compliance with the statute. And the same section…
2Cases cited4 opinions
- People v. . Metropolitan Surety Co.New York Court of Appeals · 1912
- Matter of People (Norske Lloyd Ins. Co.)New York Court of Appeals · 1928
- In re Carnegie Trust Co.Appellate Division of the Supreme Court of the State of New York · 1914
- In re the Claim of HorowitzAppellate Division of the Supreme Court of the State of New York · 1932
3Cited by1 opinion
- Jacob Ruppert Realty Corp. v. Bank of United StatesNew York Supreme Court · 1935