Hyperlawhypertext legal database Brooklyn Bank v. Borough Bank 153 N.Y.S. 1146

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Brooklyn Bank v. Borough Bank

153 N.Y.S. 1146 Court N.Y. App. Div. Decision date 1915-06-17 English

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p. 1146
In re SUPERINTENDENT OF BANKS. BROOKLYN BANK IN CITY OF NEW YORK v. BOROUGH BANK OF BROOKLYN.
(Supreme Court, Appellate Division, Second Department.
June 17, 1915.)

Headnote

In the matter of the application of the Superintendent of Banks. Action by the Brooklyn Bank in the City of New York against the Borough Bank of Brooklyn.

Motion for stay pending appeal from the order, made by Mr. Justice Benedict at Special Term, directing the superintendent of banks to deposit with the Broadway Trust Company the sum of $12,117.33, denied. No good reason exists why the superintendent should not now make the said special deposit as directed by that order. If, before the determination of the appeal from the same, he should actually need to use that money to pay a preferred claim, or to meet necessary expenses of administration, he can apply at Special Term for leave to withdraw such deposit, and to use it for such purpose, in whole or in part, as the need may be.