Diven v. Phelps
New York Supreme Court
APPEAL from a judgment entered at a special term, after a trial at the circuit before a justice of this court without a jury. The defendant, on the 29th day of July, 1857, executed and delivered to the Tates County Bank his note for $500, payable in forty-five days from that date, with interest. On the 21st day of September, 1857, the bank, then holding that note, stopped payment, closed its doors, and did not afterwards transact business.
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APPEAL from a judgment entered at a special term, after a trial at the circuit before a justice of this court without a jury. The defendant, on the 29th day of July, 1857, executed and delivered to the Tates County Bank his note for $500, payable in forty-five days from that date, with interest. On the 21st day of September, 1857, the bank, then holding that note, stopped payment, closed its doors, and did not afterwards transact business. On the 9th day of October, 1857, proceedings were commenced by petition before a-justice of this court to have the bank declared insolvent, and a receiver…
1Opinion of the Court
By the Court, Johnson, J.
The bank suspended business, closed its doors and was insolvent on the 21st September, 1857. It then held the defendant’s note, which was over due. On the 1st of November, 1857, the defendant had in his possession $513 of the bills of the bank, which he had procured, and which he offered on the 21st of that month, to the receiver^ in payment of his note. The receiver was appointed on the 9th of November, in pursuance of proceedings instituted on the 9th of October previous, and' upon which the bank was declared insolvent. The bills, having been obtained by the…
2Cases cited3 opinions
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- In re the Receiver of the Middle District BankNew York Court of Chancery · 1829
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