Legal Opinion

Knapp v. . Roche

New York Court of Appeals

Decided May 25, 1875PublishedCited by 8 opinions

This action was brought by plaintiff, as receiver of the Bowling Green Savings Bank, against defendant, who was vice-president of said bank, for an alleged unlawful conversion of the moneys and property of said bank. The principal questions in the case were disposed of upon the facts. Upon the trial the court allowed an amendment of the complaint increasing the demand for judgment to conform to the proofs. Reid, no error.

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This action was brought by plaintiff, as receiver of the Bowling Green Savings Bank, against defendant, who was vice-president of said bank, for an alleged unlawful conversion of the moneys and property of said bank. The principal questions in the case were disposed of upon the facts. Upon the trial the court allowed an amendment of the complaint increasing the demand for judgment to conform to the proofs. Reid, no error. By'the charter of the bank its officers were prohibited from borrowing, directly or indirectly, its funds. Evidence was given tending to show that defendant took checks upon…

1Opinion of the Court

Miller, J.,

reads for reversal and new trial.

All concur; Church, Ch. J., concurring in result.

Judgment reversed.

2Cited by8 opinions

  1. Dunham v. Hastings Pavement Co.Appellate Division of the Supreme Court of the State of New York · 1904
  2. Earle v. Gorham Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1896
  3. Frankfurter v. Home InsuranceNew York Court of Common Pleas · 1894
  4. Sohman v. Metropolitan Street Railway Co.City of New York Municipal Court · 1907
  5. Sohman v. Metropolitan Street Railway Co.City of New York Municipal Court · 1907

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