Legal Opinion

Davenport v. Prentice

Appellate Division of the Supreme Court of the State of New York

Decided May 8, 1908PublishedCited by 9 opinions

Appeal by the defendant, Annie O. B. Foster, as administratrix, etc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Richmond on the 25th day of June, 1907, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 25th day of June, 1907, denying the said defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Jenks, J.:

I think that this judgment must be reversed for an error in instructions to the jury. The appeal is by the administratrix o. t. a. of Augustus Prentice from a judgment entered on a verdict at Trial Term against the estate for $183,690. The plaintiff as the receiver of the Bank of Staten Island sues the officers and directors of the bank in a common-law action for negligence, whereby Ahlmann, the cashier and a director, found opportunity for thefts which brought the bauk to insolvency and the closing of its doors on December 31, 1903. Ahlmann killed himself on December 30, 1903.…

2Cases cited19 opinions

  1. Merchants' Bank v. State BankSupreme Court of the United States · 1871
  2. Hun v. . CaryNew York Court of Appeals · 1880
  3. In Re GarnettSupreme Court of the United States · 1891
  4. Coats v. . DonnellNew York Court of Appeals · 1883
  5. Utley v. HillSupreme Court of Missouri · 1900

14 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Belsinger v. District of ColumbiaDistrict Court, District of Columbia · 1969
  2. Howard v. WhittakerCourt of Appeals of Kentucky (pre-1976) · 1933
  3. People v. GroutNew York Supreme Court · 1914
  4. California Bank v. DanielArizona Supreme Court · 1930
  5. Reynolds v. PatrickNew York Supreme Court · 1950

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API