People v. Madison Square Bank

New York Supreme Court

People v. Madison Square Bank

27 N.Y.S. 281, 75 Hun 114, 57 N.Y. St. Rep. 797

DecidedJanuary 12, 1894

StatusPublished

This text of 27 N.Y.S. 281 (People v. Madison Square Bank) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Madison Square Bank, 27 N.Y.S. 281, 75 Hun 114, 57 N.Y. St. Rep. 797 (N.Y. Super. Ct. 1894).

Pincite

Opinion

PER CURIAM.

The money paid by the petitioner in this proceeding having been wrongfully received by the Madison Square Bank after it had parted with the bond and mortgage upon which it was paid, the petitioner is entitled to be put in precisely the same position which he would have occupied had the bank held the mortgage at the time of the payment, which the bank or its receivers cannot be heard to object to. This can only be done by directing the receivers to pay the money of the petitioner, which they have in their possession, to the State Trust Company, to be applied upon the bond and mortgage in question. The order should be reversed, with $10 costs and disbursements, and the motion granted, with $10 costs.

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PER CURIAM.

The money paid by the petitioner in this proceeding having been wrongfully received by the Madison Square Bank after it had parted with the bond and mortgage upon which it was paid, the petitioner is entitled to be put in precisely the same position which he would have occupied had the bank held the mortgage at the time of the payment, which the bank or its receivers cannot be heard to object to. This can only be done by directing the receivers to pay the money of the petitioner, which they have in their possession, to the State Trust Company, to be applied upon the bond and mortgage in question. The order should be reversed, with $10 costs and disbursements, and the motion granted, with $10 costs.

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Bluebook (online)

27 N.Y.S. 281, 75 Hun 114, 57 N.Y. St. Rep. 797, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-madison-square-bank-nysupct-1894.