Munger v. . Albany City National Bank
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made January 30, 1880, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Tern). The nature of the action and the material facts are stated in the opinion. The court has no jurisdiction of an action against an assignee in bankruptcy, the object of .which is to distribute the assets of the bankrupt.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made January 30, 1880, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Tern). The nature of the action and the material facts are stated in the opinion. The court has no jurisdiction of an action against an assignee in bankruptcy, the object of .which is to distribute the assets of the bankrupt. (U. S. R. S., §§ 711, 4972; Kidder v. Horrabin, 72 N. Y. 167.) The moneys represented by the certificate of deposit were, by…
1Opinion of the Court
Folger, Ch. J.
This is a suit in equity, to obtain relief, in the nature of the application by the defendant, the Albany City Bank, of certain securities held by- it, in which the defendant McLean has an interest, ex officio, to the payment of a judgment owned by that bank against the plaintiff, recovered on a negotiable promissory note made by him. In June, 1871, the plaintiff made a deposit with the Farmers and Mechanics’ Bank of Rochester of $3,000, and took from the bank a certificate thereof, payable to his order on the return of it, with six per cent interest. While this certificate was…
2Cases cited9 opinions
- Sawyer v. HoagSupreme Court of the United States · 1873
- Patterson v. . PattersonNew York Court of Appeals · 1875
- Lindsay v. Jackson & McJimpseyNew York Court of Chancery · 1831
- Colgrove v. . TallmanNew York Court of Appeals · 1876
- Payne v. . GardinerNew York Court of Appeals · 1864
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3Cited by27 opinions
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- Stadler v. First National BankMontana Supreme Court · 1899
- Curran v. WitterWisconsin Supreme Court · 1887
- Mereness v. First National BankSupreme Court of Iowa · 1900
- In Re Estate of BrowningSupreme Court of Minnesota · 1933
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