Chapman v. Mills & Gibb
District Court, S.D. New York
Receivership suit by Henry W. Chapman against Mills & Gibb. On petition of Merchants’ National Bank of Providence, R. I. The facts are set forth in a stipulation between the receivers and the bank, and it is also stipulated that the order of this court, determining the questions presented by the stipulation, shall have the same force and effect as if the same were a judgment or decree of a court of competent jurisdiction rendered in a plenary suit or action brought by the…
Read the full summary
Receivership suit by Henry W. Chapman against Mills & Gibb. On petition of Merchants’ National Bank of Providence, R. I. The facts are set forth in a stipulation between the receivers and the bank, and it is also stipulated that the order of this court, determining the questions presented by the stipulation, shall have the same force and effect as if the same were a judgment or decree of a court of competent jurisdiction rendered in a plenary suit or action brought by the receivers against the bank to recover .?5,115.04, the net amount of checks collected. The essential facts stipulated are…
1Opinion of the CourtMayer, District Judge
(after stating the facts as above). [1] Preliminarily it may be stated that the bank has a general lien or title to the checks by virtue of the indorsement and mailing prior to the appointment of receivers in this jurisdiction, irrespective of the physical receipt by the bank unless the appointment of receivers intermediate between the time of the phjrsical mailing and the time of the physical receipt gave the right of possession to the receivers in New York, and that, in such case, the bank would have the right to offset the proceeds of the checks against the overdue notes of Mills & Gibb.…
2Cases cited6 opinions
- Trego v. Estate of CunninghamIllinois Supreme Court · 1915
- Commonwealth v. WoodMassachusetts Supreme Judicial Court · 1886
- Security Bank v. Northwestern Fuel Co.Supreme Court of Minnesota · 1894
- Barrett v. DodgeSupreme Court of Rhode Island · 1890
- Kennedy v. Dr. David Kennedy Corp.New York Supreme Court · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Traders' Nat. Bank v. First Nat. BankTennessee Supreme Court · 1919
- F. A. R. Liquidating Corp. v. McGraneryDistrict Court, D. Delaware · 1953
- McGuire v. WanamakerAppellate Division of the Supreme Court of the State of New York · 1948