New York Court of Appeals

R. Ross Appleton, as Receiver of the Cooper Exchange Bank, Appellant v. the Citizens’ Central National Bank of New…

January 7, 1908190 N.Y. 417

Summary

The New York Court of Appeals reversed the lower courts, holding that the national bank's guarantee was ultra vires and void, that a party cannot retain money received under an ultra vires contract, and that the plaintiff provided consideration for the guarantee.