Reports of Cases Heard and Determined in the Supreme Court of the State of New York Volume 30

Reports of Cases Heard and Determined in the Supreme Court of the State of New York Volume 30

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1881 edition. Excerpt: ... SECOND NATIONAL BANK OF OSWEGO, In an action, brought by an assignee in bankruptcy against a bank to recover a payment made to it, as having been made with intent to give a preference, and received by the bank with knowledge of the debtor's insolvency, the bank is chargeable with knowledge of all facts in regard to the debtor's intention and solvency which its president has acquired while acting in the capacity of president in its behalf. What evidence is suflicicnt to establish such knowledge on the part of the president, considered. Arrnsr. from a judgment in favor of the plaintiff, entered upon the report of a referee. The action was brought by the plaintifi, as the assignee in bankruptcy of one George Ames, to recover a payment made by said Ames to the defendant on March 31, 1877, on the ground that it was made in violation of the bankrupt act. (Sec. 5128 of the U. S. Rev. Stat.) The referee was the proper person to pass upon the credibility of the witnesses, which became necessary by reason of their conflicting Statements, and unless there is something in the papers to indicate nu U19 Pan or me l;n1llU'-1 111 L116 progress or the trial, and 1t was proper the referee should give credit to those witnesses who gave evidence of circumstances leading to those results, rather than to those who testify to facts at variance with them, or if not actually in conflict with them which do not tend naturally to produce them. We can perceive no error in his holdings in this regard. Leonard Ames was the defendant's president, and one part of his duty was to direct what paper should be discounted by defendant, and it is but natural to infer that he had a general knowledge of the afiairs of defendant and an acquaintance (general, more

Product details

  • Paperback | 248 pages
  • 189 x 246 x 13mm | 449g
  • United States
  • English
  • black & white illustrations
  • 1236869745
  • 9781236869746