First National Bank v. Reed
Michigan Supreme Court
Error to St. Joseph Circuit. as to the irrelevancy of the Inquiry whether Reed regarded himself as liable, argued that the opinion of the party as to his liability was not evidence of any fact in the case relevant or material to the issue; and that it was not a question of science or skill, or of the kind admitting of the opinion of experts: 1 Greenl.
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Error to St. Joseph Circuit. as to the irrelevancy of the Inquiry whether Reed regarded himself as liable, argued that the opinion of the party as to his liability was not evidence of any fact in the case relevant or material to the issue; and that it was not a question of science or skill, or of the kind admitting of the opinion of experts: 1 Greenl. Ev., § 440. The authority of Reed to control and manage the business of the hank gave him no power to use the money in any other than its legitimate business, much less to deliver it over to any one who might draw a check in his own favor ou the…
1Opinion of the Court
Cooley, Ch. J:
In a suit brought by Eeed against the bank to recover *266for dividends due him on stocks, the bank sought to set off certain sums which he, when acting as president of the bank some years ago, had paid out or directed to be paid out to one Bennett under circumstances which it is claimed should render him personally liable. It was shown very clearly that while Reed acted as president he took general charge of the business, and that the cashier obeyed his directions. The first item in dispute was two hundred dollars drawn by Bennett, Dec. 16th, 1809. The cashier’s testimony was, that…
2Cases cited2 opinions
- Commercial Bank of Albany v. . Ten EyckNew York Court of Appeals · 1872
- Austin v. DanielsNew York Supreme Court · 1847
3Cited by5 opinions
- Hamilton v. SmithMichigan Supreme Court · 1878
- Commercial Bank v. ChatfieldMichigan Supreme Court · 1899
- Crane v. RossMichigan Supreme Court · 1912
- Traders & Truckers Bank v. BlackSupreme Court of Virginia · 1908
- Van Groos v. District School Board for School District No. 91Oregon Supreme Court · 1932