Cassidy v. . Uhlmann
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 17, 1900, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Defendant Uhlmann stood in no contractual or personal relation to plaintiff's assignors.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 17, 1900, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Defendant Uhlmann stood in no contractual or personal relation to plaintiff's assignors. His situation was that of an unpaid agent of the bank, having no powers outside of the board of which he was a member. (Bank v. Millard, 10 Wall. 115; Marine Bank v. Fulton Bank,…
1Opinion of the CourtWerner, J.
The plaintiff, as assignee of the claims of several depositors in the Madison Square Bank, brought this action against the president and two directors thereof to recover damages for their alleged fraud and deceit in directing and permitting said bank to remain open for the transaction of its regular business after it had become hopelessly insolvent, and in directing and permitting said bank to receive the deposits made by plaintiff’s assignors while said bank was in said insolvent condition and with full knowledge thereof. The complaint charges, in substance, that the Madison Square Bank was…
2Cases cited14 opinions
- Briggs v. SpauldingSupreme Court of the United States · 1891
- Cragie v. . HadleyNew York Court of Appeals · 1885
- &198tna National Bank v. . Fourth National BankNew York Court of Appeals · 1871
- Fowler v. . Bowery Savings BankNew York Court of Appeals · 1889
- Hun v. . CaryNew York Court of Appeals · 1880
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3Cited by29 opinions
- Loeb v. TeitelbaumAppellate Division of the Supreme Court of the State of New York · 1980
- General Rubber Co. v. . BenedictNew York Court of Appeals · 1915
- Baldwin's Bank of Penn Yan v. SmithNew York Court of Appeals · 1915
- Tillman v. National City Bank of New YorkCourt of Appeals for the Second Circuit · 1941
- Batchelor v. . HinkleNew York Court of Appeals · 1914
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