People v. St. Nicholas Bank — 28 N.Y.S. 422

Majority

p. 422

PEOPLE v. ST. NICHOLAS BANK. In re KOHN.

(Supreme Court, General Term, First Department.

April 13, 1894.)

Headnote

Appeal from special term, New York county.

Application by Julius A. Kohn for an order directing Hugh J. Grant, as temporary receiver of the St. Nicholas Bank, to pay over certain sums deposited by petitioner in said bank before its failure. From an order in favor of petitioner, the receiver appeals. Reversed.'

Argued before VAN BRUNT, P. J., and O’BRIEN and FOLLETT, JJ.

John M. Bowers, for appellant.

Benj. Scharps, for respondent.

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 to the petitioner the sum of $9,384.38 and interest, and in so far as it granted leave to renew any application, should be reversed, with costs, and the motion denied, with costs.