Legal Opinion

Noyes v. First National Bank of New York

Appellate Division of the Supreme Court of the State of New York

Decided November 9, 1917PublishedCited by 24 opinions

Submission of a controversy upon an agreed statement of facts pursuant to section 1279 of the Code of Civil Procedure.

1Opinion of the Court

Scott, J.:

The plaintiff is the receiver of the Chicago, Rock Island and Pacific Railroad Company (hereinafter called the railroad company) appointed by a United States District Court in a creditor’s suit. The defendant (hereinafter called the bank) is a National bank transacting business and having its offices in the city of New York.

The controversy has to do with the right to the possession of certain moneys deposited by the railroad company with the bank before the appointment of the receiver and which still remain on deposit. Very briefly stated the circumstances attending the deposit, or…

2Cases cited4 opinions

  1. Staten Island Cricket & Baseball Club v. Farmers' Loan & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1899
  2. Van Horn v. Kittitas CountyNew York Supreme Court · 1899
  3. Holland Trust Co. v. . SutherlandNew York Court of Appeals · 1904
  4. Holland Trust Co. v. SutherlandAppellate Division of the Supreme Court of the State of New York · 1901

3Cited by24 opinions

  1. In re Interborough Consol. Corp.Court of Appeals for the Second Circuit · 1923
  2. Vladikavkazsky Railway Co. v. New York Trust Co.New York Court of Appeals · 1934
  3. Ehag Eisenbahnwerte Holding Aktiengesellschaft v. Banca Nationala a RomanieiNew York Court of Appeals · 1954
  4. Erb v. Banco Di NapoliNew York Court of Appeals · 1926
  5. Borgess Hospital v. Union Industrial Trust & Savings BankMichigan Supreme Court · 1933

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