Legal Opinion

Gimbel Bros. v. White

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

Decided March 8, 1939PublishedCited by 8 opinions

1Opinion of the CourtBliss, J.

Plaintiff is a domestic business corporation which conducts a general department store business in the city of New York. Since November, 1936, it has been using in this store a credit coupon system which defendant claims is a form of banking and he says that the plaintiff cannot legally engage therein. He argues that it constitutes the receipt of deposits and is, therefore, a form of banking prohibited to plaintiff by Section 18 of the General Corporation Law and section 131 of the Banking Law. Plaintiff’s credit coupon system was installed to promote sales and operates generally as follows:…

2Cases cited4 opinions

  1. Davis v. Elmira Savings BankSupreme Court of the United States · 1896
  2. Marine Bank v. Fulton BankSupreme Court of the United States · 1865
  3. Baldwin's Bank of Penn Yan v. SmithNew York Court of Appeals · 1915
  4. Meserole Securities Co. v. CosmanNew York Court of Appeals · 1930

3Cited by8 opinions

  1. People v. BourneAppellate Division of the Supreme Court of the State of New York · 1988
  2. Board of Education v. NyquistAppellate Division of the Supreme Court of the State of New York · 1981
  3. Magruder v. Safe Deposit & Trust Co.Court of Appeals for the Fourth Circuit · 1941
  4. Forni v. CommissionerUnited States Board of Tax Appeals · 1942
  5. Kalb v. Chemical Bank New York Trust Co.Civil Court of the City of New York · 1969

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