PART V LAWS OF THE STATE OF NEW YORK RELATING TO STOCKBROKERS Penal Law (L. 1909. chap. 88. Consol. Laws, chap. 40.) SEC. 295. Receiving deposits in insolvent bank.-An officer, agent, teller or clerk of any bank, banking association or savings bank, and every individual banker or agent, and every private banker or agent and any teller or clerk of an individual banker, or of a private banker who receives any deposit, knowing that such bank or association or banker is insolvent, is guilty of a misdemeanor, if the amount or value of such deposit be less than twenty-five dollars; if the amount or value of such deposit be twenty-five dollars or over, such person shall be guilty of a felony, punishable by imprisonment for not less than one nor more than five years or by a fine of not less than five hundred nor more than three thousand dollars, or by both. Source.-Penal Code, Sec. 601, as amended by L. 1902, ch. 148. Application of section. - Cragie v. Hadley, 99 N. Y. 131 (1885); Atkinson v. Rochester Printing Co. 114 N. Y. 175 (1889); Hall v. Baker, 66 App. Div. 131, 135, 72 N. Y Supp. 965 (1901), Guilty knowledge must be shown on the part of the officers. Stapelton v. O'Dell, 21 Misc. 94, 47 N. Y. Supp. 13 (1897). The fact that the state superintendent of banks had closed the bank does not tend to prove such guilty knowledge. The condition of the bank, whether solvent or not, is yet undetermined. People v. St. Nicholas Bank, 77 Hun, 159, 166, 28 N. Y. Supp. 407 (1894). Admission of unproved paper on the trial of an indictment under this section may be reversible error. People v. Severance, 67 Hun, 182, 22 N. Y. Supp. 91 (1893). (L. 1909, chap. 88. Consol. Laws 1909, chap. 40.) SEC. 298. Misconduct by banks and bankers. — Any moneyed corporation or individual banker authorized to carry on the business of banking under the laws of this state, who: 1. Receives, pays out, gives or offers in payment as money to circulate, or who attempts to circulate as money, any bill, note or other evidence of debt issued or purporting to have been issued by any corporation or individual, situated or residing without this state, and which bill, note or other evidence of debt shall, upon any part thereof, purport to be payable or redeemable at any place or by any corporation or individual within this state; or, 2. Issues, utters, or circulates, as money, or in any way, directly or indirectly, aids or assists in the issuing, uttering or circulating as money within this state, of any bank bill, note or other evidence of debt in the similitude of a bank note issued or purporting to have been issued |