President v. Polk
Court of Chancery of Delaware
Bill for an Account.—This bill was filed against the defendant, William Polk, late cashier of the Farmers’ and Mechanics’ Bank of Delaware, and the other defendants as the sureties of the cashier in his official bond.
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Bill for an Account.—This bill was filed against the defendant, William Polk, late cashier of the Farmers’ and Mechanics’ Bank of Delaware, and the other defendants as the sureties of the cashier in his official bond. The bill alleged a deficiency in the cashier’s accounts, to an amount exceeding $5,000.00, and prayed a decree that an account "be taken under the direction of the Court, in order to ascertain the amount of the deficiency, and that the defendants be decreed to pay such deficiency when ascertained. After the filing of the bill,William Polk, the late cashier and principal…
1Opinion of the Court
Ridgely, Chancellor.
Three principal objections are made by the defendants to this bill. First, that there are *174not proper parties before the Court. Second, that the bond was not made according the Act of the General Assembly; and third, that this is such a case that the Court ought not to decree an account.
1. As to parties. The rule is, that all persons materially interested should be parties to the suit, either as complainants or defendants, so that the Court may determine the rights of all the persons interested in the subject matter of the suit, and make a complete decree. But if some of…
2Cited by14 opinions
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- United States Fidelity & Guaranty Co. v. RaineyTennessee Supreme Court · 1907
- Theisen v. HoeyCourt of Chancery of Delaware · 1947
- Joseph v. Shell Oil Co.Court of Chancery of Delaware · 1985
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