Hyperlawhypertext legal database Citizens' National Bank of Adams v. Fuller 75 N.Y. St. Rep. 1476

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Citizens' National Bank of Adams v. Fuller

75 N.Y. St. Rep. 1476 Court N.Y. App. Div. Decision date 1896-10-16 English

Delivered by Follett, J.

Contents

Majority

p. 1476
Citizens’ Nat. Bank of Adams, Respondent, v. Fuller et al., Appellants.
(Supreme Court, Appellate,Division, Fourth Department.
Oct. 16, 1896.)

Headnote

Action by the Citizens' National Bank of Adams against Harrison Fuller, impleaded with De Alton Dwight, Austin W. Ingraham, A. Kent Hale, and John Sinclair. Daniel G. Griffin, for appellants. John Lansing, for respondent.

—The facts in this case are the same as those in Sinclair v. Fuller (Sup.), 41 N. Y. Supp. 193 , except the plaintiff did not know of the sale made December 27,1893, by the appellant of his shares to Sinclair, and the debts due this plaintiff arose October 1, 1894, and January 9,1895, after the sale by the appellant of his shares to Sinclair had been registered ; and the decision in that case controls this case. The judgment should be reversed, and a new trial granted, with costs to abide the event. AIL concur.