President of Mechanics Bank v. Levy

New York Court of Chancery

President of Mechanics Bank v. Levy

1 Edw. Ch. 316, 1832 N.Y. LEXIS 235, 1832 N.Y. Misc. LEXIS 27

CourtNew York Court of Chancery

DecidedMarch 12, 1832

StatusPublished

Cited by1 cases

This text of 1 Edw. Ch. 316 (President of Mechanics Bank v. Levy) is published on Counsel Stack Legal Research, covering New York Court of Chancery primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

President of Mechanics Bank v. Levy, 1 Edw. Ch. 316, 1832 N.Y. LEXIS 235, 1832 N.Y. Misc. LEXIS 27 (N.Y. 1832).

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Opinion

The Vice-Chancellor said:

Although this defendant has gone very much into detail instating the manner of his overdrawing, his reasons for it and the expectations of his making it good, yet I do not perceive he has met the charge in terms. In every case accompanied by such suspicious circumstances of fraud and collusion as are here exhibited, the party must be held to a strict rule in answering. .Not only his motives, but his secret designs—his “unuttered thoughts” must be reached, if possible, and exposed to view, in order that the fraud may be detected.

Mr. Henry W. Warner, for the complainants. Mr. James Tallmadge and Mr. S. B. H. Judah, for the defendants.

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The Vice-Chancellor said:

Although this defendant has gone very much into detail instating the manner of his overdrawing, his reasons for it and the expectations of his making it good, yet I do not perceive he has met the charge in terms. In every case accompanied by such suspicious circumstances of fraud and collusion as are here exhibited, the party must be held to a strict rule in answering. .Not only his motives, but his secret designs—his “unuttered thoughts” must be reached, if possible, and exposed to view, in order that the fraud may be detected.

Mr. Henry W. Warner, for the complainants. Mr. James Tallmadge and Mr. S. B. H. Judah, for the defendants.

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Bluebook (online)

1 Edw. Ch. 316, 1832 N.Y. LEXIS 235, 1832 N.Y. Misc. LEXIS 27, Counsel Stack Legal Research, https://law.counselstack.com/opinion/president-of-mechanics-bank-v-levy-nychanct-1832.

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