Legal Opinion

Ernst v. Mechanics' & Metals Nat. Bank of New York

Court of Appeals for the Second Circuit

Decided December 9, 1912No. 55—127PublishedCited by 106 opinions

Appeals from the District Court of the United States for the Southern District of New York; Learned Hand, Judge. Suits by Irvine L. Ernst and another, as trustee in bankruptcy, against the Mechanics’ & Metals National Bank of the City of New York, and by Henry D. Hotchkiss, as trustee in bankruptcy, against the National City Bank of New York. From decrees granting relief (200 Fed. 287, 295, 299), defendants appeal, and Hotchkiss, as trustee, also appeals.

1Opinion of the Court

WARD, Circuit Judge.

These cases are alike in respect to the main question involved, which is said to be of great importance to the business of stockbrokers in New York City and may lie disposed of together as to it. Certain features in which they differ will be considered separately.

January 19, 1910, between 12 and 1 o’clock, the stockbroking firms of J: M. Fiske & Co. and Lathrop, Haskins & Co. failed, as the result of the collapse of a pool or pools in the stock of the Columbus & Hocking Valley Coal & Iron Company.

At the beginning of banking hours on that day Fiske & Co. had arranged for a…

2Cases cited4 opinions

  1. Sexton v. Kessler & Co.Supreme Court of the United States · 1912
  2. Mills v. Virginia-Carolina Lumber Co.Court of Appeals for the Fourth Circuit · 1908
  3. Sexton v. Kessler & Co.Court of Appeals for the Second Circuit · 1909
  4. Dressel v. North State Lumber Co.District Court, E.D. North Carolina · 1902

3Cited by106 opinions

  1. Tsintolas Realty Co. v. MendezDistrict of Columbia Court of Appeals · 2009
  2. National City Bank of NY v. HotchkissSupreme Court of the United States · 1913
  3. Mencher v. WeissNew York Court of Appeals · 1953
  4. Claim of Ahern v. South Buffalo Railway Co.New York Court of Appeals · 1952
  5. Anderson v. Douglas & Lomason Co.Supreme Court of Iowa · 1995

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