Legal Opinion

Yonkers v. Downey

Supreme Court of the United States

Decided April 8, 1940No. Nos. 542, 545, 543, and 544PublishedCited by 15 opinions

1Opinion of the CourtJustice McReynolds

By these companion suits, begun during 1936, the Receiver of The First National Bank and Trust Company of Yonkers (“The Bank”), seeks to recover fifty per centum of deposits withdrawn by petitioners from the association while- insolvent. Thus, it is said, they obtained unlawful preferences within the meaning of the National Banking Act. 1 From corporate assets, general creditors have been paid dividends amounting to fifty per centum of their claims — forty, December, 1933; ten, November, 1937.

The Bank was located in New York. In each cause the points of law and fact are substantially alike.…

2Cases cited5 opinions

  1. Texas & Pacific Railway Co. v. PottorffSupreme Court of the United States · 1934
  2. City of Marion v. SneedenSupreme Court of the United States · 1934
  3. State Bank of Commerce v. StoneNew York Court of Appeals · 1933
  4. City of Mount Vernon v. Mount Vernon Trust Co.New York Court of Appeals · 1936
  5. Downey v. City of YonkersCourt of Appeals for the Second Circuit · 1939

3Cited by15 opinions

  1. Federal Deposit Ins. Corporation v. TremaineCourt of Appeals for the Second Circuit · 1943
  2. Robinson Insurance & Real Estate Inc. v. Southwestern Bell Telephone Co.District Court, W.D. Arkansas · 1973
  3. Lesser v. A-Z Associates (In Re Lion Capital Group)United States Bankruptcy Court, S.D. New York · 1984
  4. Investment Company Institute v. CampDistrict Court, District of Columbia · 1967
  5. Philco Corporation v. Phillips Mfg. Co.Court of Appeals for the Seventh Circuit · 1943

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