Davenport v. National Bank of Commerce
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John S. Davenport, as receiver, etc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Bichmond on the 2d day of February, 1907, upon the report of a referee dismissing the complaint upon the merits, and also from an order entered in said clerk’s office on the 2d day of February, 1907, granting the defendant an extra allowance.
1Opinion of the Court
Parker, Referee:
The Bank of Staten Island on the 31st day of December, 1903, was insolvent, and during the forenoon of that day it was taken possession of by the Superintendent of Banks. The business day following, the defendant, a member of the Clearing House Association, paid checks drawn upon the Bank of Staten Island amounting to something like $102,000. It had on hand a little over $11,000 of the money of the Bank of Staten Island, and held for its protection bills receivable belonging to that bank of the face value of something over $228,000. Subsequently it sold or collected enough of…
2Cases cited4 opinions
- O'Brien v. . East River Bridge Co.New York Court of Appeals · 1900
- O'Brien v. . GrantNew York Court of Appeals · 1895
- Field v. . SibleyNew York Court of Appeals · 1903
- Bank of Staten Island v. SilvieAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by2 opinions
- Moore ex rel. German-American Mercantile Bank v. American Savings Bank & Trust Co.Washington Supreme Court · 1920
- Moore ex rel. German-American Mercantile Bank v. American Savings Bank & Trust Co.Washington Supreme Court · 1920