In re Cook
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, Montgomery County. Application by Jacob C. Cook, as administrator of the estate of Clarissa Cook, deceased, for the cancellation of a certificate of deposit for the release of a bond given to secure payment thereof. From an order granting the application, the National Spraker Bank appeals.
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Appeal from Special Term, Montgomery County. Application by Jacob C. Cook, as administrator of the estate of Clarissa Cook, deceased, for the cancellation of a certificate of deposit for the release of a bond given to secure payment thereof. From an order granting the application, the National Spraker Bank appeals. This proceeding is taken under chapter 451, p. 923, of the Laws of 1899, as amended by chapter 503, p. 1243, of the Laws of 1901. The petition is made by Jacob C. Cook, as administrator of the estate of Clarissa Cook, deceased, and shows the following facts: Upon the 10th day of…
1Opinion of the CourtSmith, J.
The right of the appellant to question this order upon appeal seems apparent. The statute requires the bank to be made a party to the proceedings, and by the order entered the security held by the bank has been discharged. Against such an order the bank has a material interest to defend.
Nor need we consider whether this statute was intended to affect past transactions. It will hardly be questioned that it would have such effect, unless it took away vested rights. The sole question, therefore, for our consideration is upon the appellant’s challenge of the statute as an unauthorized exercise of…
2Cases cited4 opinions
- Vance v. VanceSupreme Court of the United States · 1883
- Payne v. . GardinerNew York Court of Appeals · 1864
- Rowley v. BallNew York Supreme Court · 1824
- Cottle v. . Marine BankNew York Court of Appeals · 1901
3Cited by2 opinions
- Caminetti v. Pac. Mut. Life Ins. Co. of Cal.California Supreme Court · 1943
- Caminetti v. Pac. Mut. Life Ins. Co. of Cal.California Supreme Court · 1943