People v. Meschutt

Appellate Division of the Supreme Court of New York

People v. Meschutt

3 A.D.2d 938, 163 N.Y.S.2d 891, 1957 N.Y. App. Div. LEXIS 5298

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 27, 1957

StatusPublished

Cited by1 cases

This text of 3 A.D.2d 938 (People v. Meschutt) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Meschutt, 3 A.D.2d 938, 163 N.Y.S.2d 891, 1957 N.Y. App. Div. LEXIS 5298 (N.Y. Ct. App. 1957).

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Opinion

Motion to dismiss an indictment upon inspection of the minutes of the Grand Jury of the Extraordinary Trial and Special Term of the Supreme Court of Suffolk County. Motion granted, indictment dismissed, and bail exonerated. The indictment charges defendant with violations of section 1868 of the Penal Law. It appears from the affidavit in opposition to the motion that as a member of the County Board of Supervisors of the County of Suffolk he voted for resolutions designating depositories of county funds in accordance with section 212 of the County Law, one of which designees was a bank of which defendant was a director. The fact that defendant was a holder of 10 shares of the stock of the bank was immaterial (County Law, § 412, subd. 4). The resolutions designating banks did not constitute a contract. The County Treasurer, the chief fiscal officer and custodian of county funds (County Law, § 550, subds. 1, 2), is the officer making the contract when he establishes a debtor and creditor relationship by making a deposit, whether or not in one of the banks which have been designated (cf. County Law, § 213). Present— Nolan, P. J., Murphy, Ughetta, Hallinan and Kleinfeld, JJ.

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Motion to dismiss an indictment upon inspection of the minutes of the Grand Jury of the Extraordinary Trial and Special Term of the Supreme Court of Suffolk County. Motion granted, indictment dismissed, and bail exonerated. The indictment charges defendant with violations of section 1868 of the Penal Law. It appears from the affidavit in opposition to the motion that as a member of the County Board of Supervisors of the County of Suffolk he voted for resolutions designating depositories of county funds in accordance with section 212 of the County Law, one of which designees was a bank of which defendant was a director. The fact that defendant was a holder of 10 shares of the stock of the bank was immaterial (County Law, § 412, subd. 4). The resolutions designating banks did not constitute a contract. The County Treasurer, the chief fiscal officer and custodian of county funds (County Law, § 550, subds. 1, 2), is the officer making the contract when he establishes a debtor and creditor relationship by making a deposit, whether or not in one of the banks which have been designated (cf. County Law, § 213). Present— Nolan, P. J., Murphy, Ughetta, Hallinan and Kleinfeld, JJ.

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Bluebook (online)

3 A.D.2d 938, 163 N.Y.S.2d 891, 1957 N.Y. App. Div. LEXIS 5298, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-meschutt-nyappdiv-1957.

Opinion

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