In re Van Allen
New York Supreme Court
THIS is an application by James B, Sanders, who has a deposit in the Bank of Albany to an amount exceeding a note of his held by said bank at the time of its insolvency, and about to mature, to direct the receiver to apply said note, at maturity, upon the account or debt due to the petitioner.
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THIS is an application by James B, Sanders, who has a deposit in the Bank of Albany to an amount exceeding a note of his held by said bank at the time of its insolvency, and about to mature, to direct the receiver to apply said note, at maturity, upon the account or debt due to the petitioner. The petition shows that the petitioner had been in the habit, for several years, of doing his banking business with said bank; that there were mutual credits between said bank and the petitioner; and that it was customary for said bank to charge the petitioner’s notes, when they matured, to his account…
1Opinion of the CourtHogeboom, J.
Inasmuch as the receiver is an officer of the court and subject to its direction, and is charged with responsible and often embarrassing duties, it is proper that he should, on suitable occasions, apply to the court for instructions.
I. The most important subject on which the aid of the court is invoked is in regard to cases of mutual claims between the bank and parties dealing with it. These are of various characters. 1. Where, at the time of the appointment of the receiver, debts exist owing to, and owing by, the bank, and both due. 2. Where such debts exist, but on the one side or the other…
2Cases cited3 opinions
- Holbrook v. Receivers of the American Fire InsuranceNew York Court of Chancery · 1836
- Jones v. RobinsonNew York Supreme Court · 1857
- Barber v. SpencerNew York Court of Chancery · 1845
3Cited by9 opinions
- Schneider v. EvansWisconsin Supreme Court · 1870
- O'Mahoney v. . BelmontNew York Court of Appeals · 1875
- Thompson v. Union Trust Co.Michigan Supreme Court · 1902
- In Re Bank of SampsonSupreme Court of North Carolina · 1933
- Weeks v. CornwallNew York Supreme Court · 1887
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