Beckwith v. . the Union Bank of New-York
New York Court of Appeals
On the 24th of August, 1850, the firm of W. C. & A, A. Hunter, having become insolvent, made a general assignment of their property to the plaintiff, as trustee, for the benefit of their creditors. This action was brought by the assignee to recover the sum of $3600, which at the date of assignment was on deposit in the Union Bank to the credit of the insolvent firm.
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On the 24th of August, 1850, the firm of W. C. & A, A. Hunter, having become insolvent, made a general assignment of their property to the plaintiff, as trustee, for the benefit of their creditors. This action was brought by the assignee to recover the sum of $3600, which at the date of assignment was on deposit in the Union Bank to the credit of the insolvent firm. It appeared upon the trial before a referee that the bank was at the date referred to, the holder of a bill of exchange for $3914, drawn at Buffalo, June 22, 1850, by one of the firm of Suydam, Sage & Co., and accepted by that…
1Opinion of the Court
/' Johnson, J.,
delivered the opinion off the court.
Section 112 of the Code of 1849, was, we* think, not intended to change the substantial rights of the parties, but only to introduce such alterations in the mode, of protecting them as were rendered necessary by the provisions of §§ 111 and 113, which require in most, cases the- real party in interest to be the, plaintiff. The first branch of the.section will have its full and appropriate meaning if we ¡regard it as providing that “ in the case of an assignment of a thing in actión,, thq action by the' assignee"shall be without prejudice to…
2Cited by32 opinions
- Jordan v. . National Shoe and Leather BankNew York Court of Appeals · 1878
- Cornish v. WoolvertonMontana Supreme Court · 1905
- Stadler v. First National BankMontana Supreme Court · 1899
- Chipman & Holt v. Ninth N. BankSupreme Court of Pennsylvania · 1888
- Meier v. HessOregon Supreme Court · 1893
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