Hyperlawhypertext legal database People v. St. Nicholas Bank 28 N.Y.S. 422

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People v. St. Nicholas Bank

28 N.Y.S. 422 Court N.Y. Gen. Term Decision date 1894-04-13 English

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p. 422
PEOPLE v. ST. NICHOLAS BANK. In re BEERS.
(Supreme Court, General Term, First Department.
April 13, 1894.)

Headnote

Appeal from special term, New York county.
Petition by Nathan T. Beers to compel Hugh J. Grant, as temporary receiver of the St. Nicholas Bank, to return to petitioner certain checks deposited by him in said bank just before its failure, or to pay over the amount of such checks. From an order granting the petition in part, and denying it in part, the receiver and petitioner appeal. Reversed in part, and affirmed in part.
Argued before VAN BRUNT, P. J., and O’BRIEN and FOLLETT, JJ.
John M. Bowers, for receiver.
Frank J. Mather, for petitioner.

In accordance with the views expressed in the case of People v. St. Nicholas Bank (In re Lathrop) 28 N. Y. Supp. 407 (decided herewith), the order appealed from, in so far as it directed the receiver to pay over moneys,, should be reversed, and in other respects affirmed, with costs.