Franklin Bank v. Cooper
Supreme Judicial Court of Maine
ON Exceptions from Nisi Prius, Rice, J., presiding. Debt, upon a cashier’s bond. The defendant’s testator was one of the sureties. The instrument being lost, its contents were proved by a copy.
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ON Exceptions from Nisi Prius, Rice, J., presiding. Debt, upon a cashier’s bond. The defendant’s testator was one of the sureties. The instrument being lost, its contents were proved by a copy. It was dated Oct. 1, 1847, and with the usual conditions in such bonds, contained the following, — and shall account for all notes, drafts and moneys, drafts, notes and property heretofore intrusted to his hands and possession, as cashier of said bank, since he has held the said office. Evidence was produced of the loss of the funds of the bank to a large amount, but prior to the date of the bond. The…
1Opinion of the CourtTenney, J.
— When this case went to the jury it was upon a bond given by the cashier of the bank, and the defendant’s testator as one of his sureties. Among other duties required of the cashier, in the condition of the bond, was, “ and shall account for all notes, drafts and moneys, drafts, notes and property, heretofore intrusted to his hands and possession as cashier of said bank, since he has held said office.”
The defence to the action was, that the bond was obtained by fraud. That facts material to the risk were known to the president and directors of the bank, which were not known to the…
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- Drabek v. Grand Lodge of Bohemian Slavonian Benevolent SocietyAppellate Court of Illinois · 1887
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