Reed v. Bank of Newburgh
New York Court of Chancery
This was an appeal from the decree of J. Emott, the former vice chancellor of the second circuit, dismissing the-complainant’s bill with costs.
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This was an appeal from the decree of J. Emott, the former vice chancellor of the second circuit, dismissing the-complainant’s bill with costs. The substance of the allegations and charges, as stated in the bill, appear in the report of this case when it was formerly before the chancellor upon a demurrer.' (See 1 Paige's Rep. 216, S. C.) The answer of the defendants, which was subsequently put in, admitted the agreement of the defendants to loan the complainant $20,000, upon his note, secured by the transfer of stock in the Tradesman’s Bank, to the extent of ten per cent beyond the amount of…
1Opinion of the Court
The Chancellor.
From a careful examination of the facts in this case I can see no reason for disturbing the decree which the vice chancellor has made in this cause. I think the evidence shows conclusively that there was neither *340a legal tender of the amount due on the $20,000 note, nor even an offer to pay the same in any thing which Hunn was authorized to accept, or could have accepted, without violating his duty to the defendants as their cashier. Although the complainant was the president of the Tradesman’s Bank, and as such was entrusted with its funds, he had no right without the assent of…
2Cited by6 opinions
- Walker v. ConantMichigan Supreme Court · 1888
- Croninger v. . CrockerNew York Court of Appeals · 1875
- Champion v. . JoslynNew York Court of Appeals · 1871
- Bowden v. SantosU.S. Circuit Court for the District of Eastern Virginia · 1877
- Currie v. . WhiteNew York Court of Appeals · 1871
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