Legal Opinion

Sickels v. Herold

New York Court of Common Pleas

Decided December 27, 1895PublishedCited by 12 opinions

Appeal from trial term. Action by David B. Sickels, as temporary receiver of the Harlem River Bank, of the city of New York, against George Herold, on a promissory note for $5,000, dated November 9, 1893, made by defendant to the order of the Harlem River Bank, payable on demand. From a judgment in favor of plaintiff, entered on the decision of the judge without a jury for $3,624.61 (32 N. Y. Supp. 1083), defendant appeals.

1Opinion of the CourtDaly, C. J.

At the time defendant made the note in suit he was a. director of the Harlem River Bank, the payee, and the note was one of several aggregating $50,000, made by the directors, secured by collateral, and delivered to the bank to make good an impairment of its capital, which had been found by the state superintendent of banking, acting under the provision of the general banking law, which provides that, whenever he shall have reason to believe that the capital stock of any corporation or individual banker, subject to the provisions of the act, is reduced by impairment, or otherwise, below the…

2Cases cited4 opinions

  1. Hurd v. . KellyNew York Court of Appeals · 1879
  2. Best v. . ThielNew York Court of Appeals · 1879
  3. Farrar v. WalkerU.S. Circuit Court for the District of Eastern Missouri · 1875
  4. People v. St. Nicholas BankNew York Supreme Court · 1894

3Cited by12 opinions

  1. Golden v. CervenkaIllinois Supreme Court · 1917
  2. German-American Finance Corp. v. Merchants & Manufacturers State BankSupreme Court of Minnesota · 1929
  3. Seth v. Lew HingCalifornia Court of Appeal · 1932
  4. Fink v. Farmers' BankSupreme Court of Pennsylvania · 1896
  5. Jones v. HarrisSupreme Court of Arkansas · 1909

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