104 Misc. 97 | N.Y. Sup. Ct. | 1918
The material questions raised by the demurrer will sufficiently appear from a brief statement of the pleadings. The plaintiff, as creditor of the Washington Savings Bank, seeks to enforce, for the benefit of himself and other creditors who may join with him, a mortgage lien alleged to exist in favor of the bank against the Fidelity Development Company and its transferees, and to set aside various conveyances and mortgages of other property of the Fidelity Company as in fraud of creditors. The complaint alleges the taking over of the bank by the superintendent of banks for the purpose of liquidation, pursuant to the provisions of the Banking Law; that plaintiff’s claim was presented to and allowed by the superintendent, and that the superintendent, although requested by plaintiff to take action to enforce the rights of the bank in the premises, has refused so to do. Demurrers are interposed by several defendants
Demurrer sustained, with costs.