Henkel v. . Carnegie Trust Co.
New York Court of Appeals
Appeal in each of the above-entitled actions from a judgment, entered February 8, 1913, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term and directing judgment in favor of plaintiff. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal in each of the above-entitled actions from a judgment, entered February 8, 1913, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term and directing judgment in favor of plaintiff. The nature of the action and the facts, so far as material, are stated in the opinion. The deposits by the plaintiffs in the defendant Carnegie Trust Company were general deposits, and as such are not entitled to priority in payment under the…
1Opinion of the CourtCardozo, J.
Trust companies, designated for that purpose by the comptroller of the state, have the right under the Banking Law (L. 1909, ch. 10, section 186, subds. 6 and 11, and section 189; Cons. Laws, ch. 2) to act as depositaries of money paid into court. Debts incurred as such depositaries are entitled to a preference. (Bank ing Law, section 190.) The Carnegie Trust Company, which is insolvent and in liquidation, was designated as an authorized depositary by the state comptroller. It was also designated by the United States District Court as an authorized depositary for the money of bankrupt…
2Cases cited1 opinion
- Easton v. IowaSupreme Court of the United States · 1903
3Cited by15 opinions
- Matter of EganNew York Court of Appeals · 1932
- Madison Trust Co. v. . Carnegie Trust Co.New York Court of Appeals · 1915
- Madison Trust Co. v. Carnegie Trust Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Emigrant Industrial Savings Bank v. Scott's Bridge Realty Co.New York Court of Appeals · 1934
- Bridge v. First Nat. Bank-DetroitDistrict Court, E.D. Michigan · 1933
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