Greenfield Savings Bank v. Simons

The defendant was authorized and instructed by the plaintiff bank to sell, for its benefit, its rights in the new stock in a national bank, and undertook the duty. In making1 the sale, he acted as the agent for the plaintiff to sell the specified property, and not as trustee. The facts that he was the *416treasurer of the plaintiff, and that, as one of the trustees and a member of the finance committee, he took part in authorizing himself as treasurer to sell the. rights, do not tend to show that, in making the sale, he acted as a trustee or a member of the committee, and not as agent.

In…