Elmira Savings Bank v. Davis
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made December 27, 1893, which directed judgment in favor of plaintiff upon a case submitted under the Code of Civil Procedure (§ 1279). Plaintiff, a savings bank incorporated under the laws of this state, had, on May 21, 1893, a deposit account with the Elmira National Bank.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made December 27, 1893, which directed judgment in favor of plaintiff upon a case submitted under the Code of Civil Procedure (§ 1279). Plaintiff, a savings bank incorporated under the laws of this state, had, on May 21, 1893, a deposit account with the Elmira National Bank. On that day said bank having become insolvent, defendant was appointed its receiver by the comptroller of the currency Plaintiff claimed that the amount of its deposit should be paid as a preferred claim…
1Opinion of the CourtGray, J.
The defendant is the receiver of an insolvent National bank and the plaintiff, a savings bank created under the laws of this state, claims, with respect to its deposits theretofore made with the former, to be entitled to be preferred in payment, under section 130 of the Banking Law of this state. (Laws of 1892, chap. 689.) The circulating notes have been provided for and all other conditions of the Banking Law have been complied with, so as to entitle the claim to be allowed, if not in conflict with the provisions of the National Banking Law. The State Banking Law permits the trustees of…
2Cases cited4 opinions
- Scott v. ArmstrongSupreme Court of the United States · 1892
- National Bank v. CommonwealthSupreme Court of the United States · 1870
- Cook County National Bank v. United StatesSupreme Court of the United States · 1883
- Corn Exchange Bk. of Chicago v. . BlyeNew York Court of Appeals · 1886
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- Capital National Bank v. Coldwater National BankNebraska Supreme Court · 1896
- State ex rel. Carroll v. Corning State Savings BankSupreme Court of Iowa · 1907
- Board of Supervisors v. Prince Edward-Lunenburg County BankSupreme Court of Virginia · 1924
- In re BologhDistrict Court, S.D. New York · 1911
- O'Brien v. . GrantNew York Court of Appeals · 1895
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