14964. City Bank (Buffalo, NY)

Article Text

The Court of Appeals. THE DECISIONS IN THE CASES OF THE NORTH AMERICAN TRUST AND BANKING COMPANY, AND THE NEW YORK DRY DOCK COMPANY. [From the Albany Argus, Dec 31.) The decisions. of which we give a list in another cowere announced at a late hour on Saturday after- be lumn, Among the important cases decided, it will noon. is that of Leavitt, Receiver of the North Ameri- and reen. Trust and Banking Company, vs Blatchford the can The decision is adverse to the legality of and accompanying as in violation of the act of issues not payable on demand and trust been others. made deed securities, without 1840 forbidding interest having to thus destroying the preference which the trust gave Mesars Falmers, Mackillop, Dent & Co., over theother creditors of the bank. DECISIONS AT THE DECEMBER TERM, 1849. Decrees Afformed Benjamin Woodward, appellant, Hudson Carpenter, et. al. respondents; Lemuel Sawyer VR. and Diana his wife, appellants, vs Eleanor Clark and others. respondents: Robert Ainstie, respondents. vs Nicholas G. Kortright, appellant; Nicholas the G. Kortright. appellant, vs. Robert Aiostie and North American Fire Insurance Company, respon David dents; Abijah Fitch and wife, respondents, vs. Cottrel, implid. &c. appellants: Henry Dwight. appel- Re. lant, vs. Lewis F. Allen and George W. Newell. Thoceiver of the City Bank of Buffalo, respondents; mas 1. Dudley, appellant, VS. Jonathan Mahew, respendent; Jeremiah'S Stewart, respondent, vs. William Small and others, appellants New Trial granted, Costs to abide the event.-Eliza Vroman, appellant, VA. James Jones, respondent; A. appellant, vs. John Bann. Reversed-New trial granted. costs Henry Judgement Lyon Ferdinand respondent. to abide the rent.-Samson Boicean and Rusch, erplaintiffs in error. vs Andrew Polot defendant in John Marfield, appeliant. VS George Douglass. reJohn Marfield. appellant, vs. and others. respondents; Charles FOR: spondent; hue Jonathan H. Benjamin Marshall, Good. L. respondent VR. Frederick L. Vultee and Guin. appellants; Thomas H. Kinney, respondent, vs. Abner Nash. appellant; William Buel and others, appellants. vs. Trustees of the village of Lockport, re- A. spondents; James Brisbane, respondent, V8. Joseph Adams. appellant; Charles Oakley respondent, VA John L. Arpinwali and others. appellants, Levi Harris. lark and others. executors. & defendants in error; Cyrus P. Halph deceased Judgement Affirmed- plaintiff of Sidney Durham in error, Mauro, Smith, and vs. Anson Moulthrop, plaintiffs in error, V8. John P. defendant in error; Luther Hall, appellant, vs. John Farmer and Harvey W. Doolittle. respondents; Morris Jo. Bennett and Jesse Bennett, plaintiffs in error, vs reph Miller. defendant in error: John A. Campbell, C. plaintiff in error. vs. Edward M. Clark and Robert Clark, defendants in error: Charles C. Roby and others, plaintiffe in error. vs. Richard Turner, defendant To- in error; William Shaw and others, respondents, vs. Tobias, appellant; Ernest Zachrisson. responJohn N. Ahman, appellant; vs. Tease R Eckhart bias dent Burckle, 1. vs. appellant, Eminuel and the others, Ro. R. respondents: William T. Battle appellant, VS chester City Bank; Frederick Star and others, appelvs. Jonathan Child and others, respondents; vs. John Allen New Hope Delaware Bridge the Phoenix Bank respondent, Suel lants. lant. pellants; Davis vs. respondent, Company and Horace others. John Staples, appel- ap- O'vs. Joseph Fairchild. respondent: VS. the Buffalo Fire and in the village of Buffalo, surance appellant. Neill, respondent, Company, the appellants Marine Decree in- of Decree of the Supreme Court recersed, and the Assistant Vice Chancellor affirmed The New York inDry Deek Company. appell'te VS the American Life surance and Trust Company, John Duer and others, reapd'ts. Judgment Reversed. and Judgement for Defendant-James N. Van Keuren. respd't vs. Richard W. Parmalee and others. the Supreme Court Reversed, and Pleas affirmed William P. George jr. and others. respd'ts; Common Judgement appel'ts. Mann. of Daniels. Elihu appel't. that S. Smith of vs. the and others. pl'ffs in error, vs. John Kerr and Chas S. Kimble, def't in error. Decree Reversed, and a new Decree entered, without costs to either party Orson Bostwick, executor and devisee of Andrew Bostwick, deceased, and others. appel'ts, vs. James Atkins and wife and John L. Tunison, respd te. Decree Reversed in part, and-Afformed in part. and a further Decree to be entered without costs by either party. as against the David Leavitt. Receiver. &c., appel't, ve. Richard M. Blatchford and others. respd't [The court decided, that the trust deed and accompanying securities were illegal and void. on the ground that they were made in violation of the Act of forbidding banking associations to issue or in circulation any bill or note not and without interest. put on 1840, demand, The which made effect the payable of trust the decision is. to destroy the preference to Measrs. Palmers. Mackillop/ Dent & Co. over the gave other creditors of the bank. The other questions which had been discussed in the cause were not deeided. but were left to be disposed of in the suit in which the receiver had been appointed.) Judgement of Supreme Court reversed, and that of the Recorder's Court formed-Maj. A Campbell, plaintiff in error, vs. Samuel D. Butts, def't in error. hrated at Trenton on the 28th instant he a sham The anniversary of the battle of Trenton was cele-