Allen v. Scandinavian National Bank
New York Supreme Court
This is an appeal by the above named defendant to the general term of this court from an order of special term entered on the 5th day of March, 1873,. denying a motion to vacate and set aside an attachment and order of publication.
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This is an appeal by the above named defendant to the general term of this court from an order of special term entered on the 5th day of March, 1873,. denying a motion to vacate and set aside an attachment and order of publication. The action was commenced by summons and complaint upon a bill of exchange made by the defendant, -a corporation located and doing business at the city of Chicago, in the state of Illinois, to the plaintiffs, residents of the city of Rew York, dated December 9th, 1872, at Chicago, who directed the same to the Rational Broadway Bank of the city of Hew York, the…
1Opinion of the Court
The subject-matter of this motion is certain moneys now in the custody of the state court, under and by virtue of its writ of attachment, duly issued, in a suit which was pending in that court before the commencement of this action.
The motion is to transfer said moneys from said state court to the custody of this court, by appointing a receiver of the same in this action.
Two questions arise:
1st. As to the power of this court to make such transfer of said moneys.
2d. If the court has the power, is there any cause shown calling for the exercise of such power.
First. This motion is to be…
2Cited by5 opinions
- Third Nat. Bank in Nashville v. Impac Limited, Inc.Supreme Court of the United States · 1977
- National Shoe & Leather Bank v. Mechanics' National BankNew York Court of Appeals · 1882
- People's Bank v. Mechanics' National Bank of NewarkNew York Supreme Court · 1882
- Nat'l S. L. Bk., N.Y. v. . Mec. Nat'l Bk., N.J.New York Court of Appeals · 1882
- Third Nat. Bank in Nashville v. Impac Limited, Inc.Supreme Court of the United States · 1977