Assets Realization Co. v. . Roth
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 16, 1917, unanimously affirming a judgment in favor of defendant entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion.
1Opinion of the CourtCabdozo, J.
In. August, 1901, the Metropolitan Bank of Buffalo found itself in financial straits. It determined to go into voluntary liquidation and avoid the expense of a receivership. The liquidator selected was the German Bank of the same place. The rights and duties of the two banks are set forth in a written contract. The German Bank was to advance sufficient moneys to pay all the depositors of the Metropolitan Bank in full. It was also to make advances for other purposes. In return and as security for these advances, it received a pledge of all the “ assets, property, and effects of every name,…
2Cases cited19 opinions
- Illinois Surety Co. v. John Davis Co.Supreme Court of the United States · 1917
- Guaranty Co. v. Pressed Brick Co.Supreme Court of the United States · 1903
- United States v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1915
- Equitable Surety Co. v. United States Ex Rel. McMillanSupreme Court of the United States · 1914
- People v. Globe Mutual Life InsuranceNew York Court of Appeals · 1883
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3Cited by27 opinions
- Howell v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1934
- Parker v. SagerCourt of Appeals for the D.C. Circuit · 1949
- Hudak v. Hornell Industries, Inc.New York Court of Appeals · 1952
- United States Fidelity And Guaranty Company v. Braspetro Oil Services CompanyCourt of Appeals for the Second Circuit · 2004
- City of Boston v. NielsenMassachusetts Supreme Judicial Court · 1940
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