New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-06-09
OTHER IMPORTANT DECISIONS.
THE MURRAY HILL BANK RECEIVERS BRooE

LYN CIVIL SERVICE CASE.
Albany, June s.-The Court Of Appeals has decided
with the Attorney General in the matter OF the dis
solution OF the Murray Hill Bank. The appeal YVES
made by Spencer Trask and Miles NJ. O'Brien as re-
cevers Of the Murray Hill Bank. appointed by final
order January g. 1897. and by committee Of the de-
posters representing about $780, OF claims from an
order Of the Appellate Division OF the Supreme SQUIRT
reversing the final order OF Justice Andrews, which
directed the dissolution OF the Murray Hill Bank
and appointed Trask and OBrien permanent
ceivers. and denied the application OF Attorney
General Hancock TO dismiss this proceeding Ths
Murray Hill Bank was closed on August II. 1895. by
order OF tho Bank Superintendent, who also direct
ed the Attorney General to institute proceedings
necessary TO wind up its affairs. He requested Mr.
Hancock to defer the beginning OF proceedings for
reasonable time 10 give the directors time to re-
store the impairment OF about $4,000. 1t was con-
tended that this delay was not asked for In good
faith 1t appears tina. shortly after tho doors Of
the bank were closed the president and various d.
rectors consulted with the banks attorney James
McGregor Smith, and began the present proceeding
Tho Attorney General and Bank Superintendent
held that these voluntary proceedings could not
be Instituted for a dissolution Of tho corporation
and for administration of Its affaiars, for the
reason that the superintendent OF Banks had
taken possession OF the bank. Tho Appellate Di-
vision. First Department. decided against the At
torney General and sustained these proceedings
Another action begun in the Second Depart
ment, and order appointing Edward II. Hobbs
OF Brooklyn. and Benjamin -. Odel, jr. of New
burg, receivers. The Appellate Division of tho
Second Department reversed the order, and an or
der directing them to pay over the assets 10 Spen-
Ger Trask was also reversed by the Appellate DE-
the various contentious were also brought before
a referee who found the bank insovent. and report
e9 that ii should be dissolved by final order in
couch o6 sAua T9 @ By se
whose decision was reversed by the. Appellate d.
vision, First Department. 6ui which Is now sus-
tanned by the Court or Appeals.
A decision was handed down dismissing the mo-
ton made to reopen the Brooklyn Civil Service
case in the decision of which Judge Haght wrote
the prevailing opinion making more open the con- ii,
was dismissed by the Court of Appeals on April 90
after having been sustained by both the Supreme
son Justice Haights opinion was conquered in by
Justices Bartlett. Martin and Ndnn Two dissent
ing opinions were handed down at the same time
one by Justice Gray Chief Justice Andrews con-
curing ana another by Justice OPrien. The mo-
ton TO- reopen was asked for 10y Edward NJ. Shep-
ard. j. Warren Greene and Henry Ionge. counsel
The court dismissed the complaint OF Martha
Of Stephen c. Dimon who died In New-York City
on o y Snd seHsn 8e IN he G
erty bounded by Third and Fourth and Lewis SITS.
a ah6 nhs 1000 Co.. Dmon was an eccentric bachelor
For eight years he had lived in the furnished,room
house kept by Mrs Keery. at No. III West Forty
seyenth-st For several years prior 10 his death no
had not been on friendly terms with his relatives,
and it Is stated that ne declared that none Of them
would receive n dollar of his fortune. Mrs. keery
avcrred that he made Will In her iayor aD S1,;
ard that Mr. Dinon told her 10 read II carefully.
as he intended that she should nave an OF ms
rrnIsslon from the Court for an Inspection of the
Contents OF boxes in the Mercantile SAFE Deposit
h1i no viii could be found. She said that the will
bSd been lost or destroyed by accident or design
Co.. ~ CIjncrG Wharton and the National Tube
COMPANY against Adam 5. Matheson ana an9ther
as receivers Of the American Tube ana Iron COM