Appellate Division of the Supreme Court of New York, 1934

In re Mount Vernon Trust Co.

In re Mount Vernon Trust Co.
Appellate Division of the Supreme Court of New York · Decided May 15, 1934
241 A.D. 886
In re Mount Vernon Trust Co.

Opinion of the Court

Motion for reargument denied. We adhere to our decision made April 25,1934 [ante, p. 835], and repeat that the remedy of the aggrieved depositors in respect to their rights and preferences and the rights of stockholders must be determined in an action where the questions can be raised directly, and not collaterally, as it is sought to do in this purely statutory proceeding. Present — Lazansky, P. J., Young, Kapper, Tompkins and Davis, JJ.

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