People v. St. Nicholas Bank
New York Supreme Court
Appeal from special term, New York county. Petition by Levi C. Lathrop and others, composing the firm of Lathrop, Smith & Oliphant, for an order directing Hugh J. Grant, as temporary receiver of the St. Nicholas Bank, to return to petitioners certain checks deposited in said bank, or the proceeds thereof. From an order granting the petition in part, and denying it in part, both the receiver and the petitioners appeal. Reversed in part, and affirmed in part.
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Appeal from special term, New York county. Petition by Levi C. Lathrop and others, composing the firm of Lathrop, Smith & Oliphant, for an order directing Hugh J. Grant, as temporary receiver of the St. Nicholas Bank, to return to petitioners certain checks deposited in said bank, or the proceeds thereof. From an order granting the petition in part, and denying it in part, both the receiver and the petitioners appeal. Reversed in part, and affirmed in part. The petition upon which the order is founded recites that the petitioners, who are bankers and brokers, for some years had an account…
1Opinion of the CourtO’Brien, J.
The petitioners claim that, upon the facts, the bank derived no legal title to any of the deposits of December 20, 1893, and that neither the checks nor their proceeds ever became the property of the bank. We think the reasoning in the opinion of the court below disposes of this contention. As therein said:
“There can be no doubt that the checks deposited by the petitioners on the 20th day of December, 1893, became the property of the bank. Credit was given therefor in the petitioners’ pass book, and thereupon the relation of debtor and creditor arose with regard to the sum so credited. Nor…
Also in this document: Concurrence.
2Cases cited20 opinions
- United States v. KirkpatrickSupreme Court of the United States · 1824
- St. Louis & San Francisco Railway Co. v. JohnstonSupreme Court of the United States · 1890
- Matter of Cavin v. . GleasonNew York Court of Appeals · 1887
- Cragie v. . HadleyNew York Court of Appeals · 1885
- The People v. . the City Bank of RochesterNew York Court of Appeals · 1884
15 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Rottger, Rec. v. First-Merchants Natl. BankIndiana Court of Appeals · 1933
- State ex rel. Sparks v. State Bank & Trust Co.Nevada Supreme Court · 1913
- Forsythe v. First State Bank Ex Rel. PeytonSupreme Court of Minnesota · 1932
- Davenport v. WalkerAppellate Division of the Supreme Court of the State of New York · 1909
- Taussig v. Carnegie Trust Co.Appellate Division of the Supreme Court of the State of New York · 1913
16 more not listed; retrieve them via the Exa API.