Legal Opinion

O'Connor v. Mechanics' Bank

New York Supreme Court

Decided November 7, 1889PublishedCited by 5 opinions

Appeal from circuit court, New York county. Action by Charles E. O’Connor, as receiver, against the Mechanics’ Bank. Both parties appeal. For opinion at circuit, see 2 N. Y. Supp. 225.

1Opinion of the CourtDaniels, J.

The plaintiff was appointed receiver of the property of Herbert F. Beecher in supplementary proceedings taken upon the return of an execution unsatisfied, issued upon a judgment recovered against him. The proceedings were taken under subdivision 3 of section 2432 of the Code of Civil Procedure. In those proceedings the cashier of the defendant was examined as a witness, and from his testimony it was made to appear that moneys had been deposited in the bank to the credit of the estate of Henry Ward Beecher. This had been done by his executore, and they concluded to make a distribution of such…

2Cases cited3 opinions

  1. Van Alen v. . American National BankNew York Court of Appeals · 1873
  2. Baker v. New York National Exchange BankNew York Court of Appeals · 1885
  3. Viets v. . Union National Bank of TroyNew York Court of Appeals · 1886

3Cited by5 opinions

  1. Wood v. PowellAppellate Division of the Supreme Court of the State of New York · 1896
  2. Gifford v. RisingNew York Supreme Court · 1891
  3. In re Beecher's EstateNew York Supreme Court · 1892
  4. Gifford v. RisingNew York Supreme Court · 1890
  5. Wood v. PowellAppellate Division of the Supreme Court of the State of New York · 1896

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