Hollister v. Hollister Bank
New York Court of Appeals
This is an appeal from an order of the General Term of the Supreme Court of the eighth district, which affirmed an order of the Special Term. The order appealed from was made in November, 1864, and it directed the receiver of the said bank to divide and pay to the creditors of the Hollister Bank $12,126.52 of moneys remaining in his hands.
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This is an appeal from an order of the General Term of the Supreme Court of the eighth district, which affirmed an order of the Special Term. The order appealed from was made in November, 1864, and it directed the receiver of the said bank to divide and pay to the creditors of the Hollister Bank $12,126.52 of moneys remaining in his hands. In February, 1860, by virtue of a proceeding under the statute of April 5th, 1849 (chap. 226), an apportionment had been made by the receiver, and sanctioned by the Supreme Court, against the stockholders of the bank to the amount of $80.45 upon each $100…
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 appellants 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 *247return of the amounts they so paid, j?ro rata with. other creditors.
The proceeding in question is a special proceeding under the statute, entitled “ An act to enforce the liability of stocleholders 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
3Cited by3 opinions
- Oddie v. . the Nat. City Bank of New YorkNew York Court of Appeals · 1871
- City of Rochester v. GleichaufNew York Supreme Court · 1903
- People Ex Rel. Feeny v. . Bd. of CanvassersNew York Court of Appeals · 1898