Commercial Bank of Albany v. . Ten Eyck
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial district, affirming a judgment entered upon the report of a referee in favor of the defendant. (Reported below, 50 Barb., 9.) The action was brought to recover of the defendant damages alleged to have been sustained by the plaintiff, by reason of the neglect or misconduct of the defendant as cashier of the plaintiff’s bank.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial district, affirming a judgment entered upon the report of a referee in favor of the defendant. (Reported below, 50 Barb., 9.) The action was brought to recover of the defendant damages alleged to have been sustained by the plaintiff, by reason of the neglect or misconduct of the defendant as cashier of the plaintiff’s bank. The facts pertinent to the questions discussed appear in the opinion. The referee decided that plaintiff was not entitled to recover, and directed judgment for defendant, which was entered…
1Opinion of the Court
Earl, C.
The defendant, as cashier, was a financial agent of the plaintiff, entrusted to some extent with the management of its affairs. As such agent he was bound to exercise reasonable skill and ordinary care and diligence in the discharge of his duties. (Story’s Agency, § 182, etc.) If he failed in such skill or omitted such care and diligence, and in consequence thereof the plaintiff suffered damage, he is liable to respond. And much more is he liable to respond if he caused any damage to the plaintiff by any illegal, fraudulent or tortious act
It is not claimed, on the part of the…
2Cited by14 opinions
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- Inhabitants of Cumberland Co. v. PennellSupreme Judicial Court of Maine · 1879
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