Cowing v. . Altman
New York Court of Appeals
Appeal from judgment of the' General Term of the Supreme Court, in the fourth judicial department, in favor of defendant entered upon an order overruling plaintiffs’ exceptions, and directing judgment on a verdict.
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Appeal from judgment of the' General Term of the Supreme Court, in the fourth judicial department, in favor of defendant entered upon an order overruling plaintiffs’ exceptions, and directing judgment on a verdict. (Mem. of décision below, 5 Hun, 556.) This action was upon a check, dated March 8, 1874, on the Third National Bank of Buffalo, drawn by defendant payable to the order of Edwin A. Holbrook, indorsed by him and protested for non-payment May. 3, 1872. It was proved on the part of the defendant, that proceedings in bankruptcy were commenced against the firm of Biesenthal, Falck &…
1Opinion of the CourtAndrews, J.
We shall assume that the check in suit was given to carry out an agreement made in contratravention of the forty-fifth section of the bankrupt act, for the payment to Holbrook of a compensation beyond the legal fees allowed by law for services as assignee in bankruptcy of the firm of Biesenthal, Falck & Israel, and was void in the hands of the payee by reason of the illegality of the consideration. But the bankrupt act does not expressly avoid a note or security taken upon such a transaction, and the check, notwithstanding the illegality of the consideration, would he valid in the hands of a…
2Cases cited3 opinions
- Brown v. . LeavittNew York Court of Appeals · 1865
- Murray v. JudahNew York Supreme Court · 1826
- Gough v. StaatsNew York Supreme Court · 1835
3Cited by28 opinions
- State v. Barclays Bank of New York, N. A.New York Court of Appeals · 1990
- Hanover National Bank v. American Dock & Trust Co.New York Court of Appeals · 1896
- Irving Trust Co. v. LeffNew York Court of Appeals · 1930
- Modern Industrial Bank v. TaubSupreme Court of New Jersey · 1946
- Dean v. Iowa-Des Moines National Bank & Trust Co.Supreme Court of Iowa · 1938
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