Van Dyck v. . McQuade
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made the first Monday of May, 1879, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made the first Monday of May, 1879, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought by plaintiff, as receiver of the York-ville Savings Bank of the city of Hew York, against defendant, as one of its trustees, to recover the amount of interest or dividend paid to depositors on the ground that, at the time the said dividends were declared and paid, there were no net profits, earnings or income out' of which any dividend…
1Opinion of the CourtDanforth, J.
By its act of incorporation (Laws of 1869, chap. 338, § 6) the bank was required to receive on deposit such money as should from time to 'time be offered ; to invest or loan it'in the manner therein prescribed, for the use, interest and advantage of the depositor, and repay the same to him at such times, and with such interest and under such regulations . as the board of trustees should from time to time prescribe; “ which regulations,” the act declares, “ shall be put up in some public and conspicuous place in the room where the business of the corporation shall be transacted, and printed…
2Cases cited15 opinions
- Kane v. BloodgoodNew York Court of Chancery · 1823
- Robinson v. SmithNew York Court of Chancery · 1831
- Hartung v. . the PeopleNew York Court of Appeals · 1860
- Hun v. . CaryNew York Court of Appeals · 1880
- Nichols v. . PinnerNew York Court of Appeals · 1858
10 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- In re Interborough Consol. Corp.Court of Appeals for the Second Circuit · 1923
- Durkee v. People ex rel. AskrenIllinois Supreme Court · 1895
- Staats v. Biograph Co.Court of Appeals for the Second Circuit · 1916
- President of the Manhattan Co. v. KaldenbergNew York Court of Appeals · 1900
- Fisher v. ParrCourt of Appeals of Maryland · 1901
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