Legal Opinion

Warner v. Penoyer

Court of Appeals for the Second Circuit

Decided November 3, 1898No. 82PublishedCited by 30 opinions

Appeal from the Circuit Court of the United States for the Northern District of New York. This was a suit in equity, by John W. Warner, as receiver of the First National Bank of Watkins, N. Y., against William J. Penoyer and others, directors of said bank, to charge them with liability for losses alleged to have been caused by their negligence. There" was a decree dismissing the bill (82 Fed. 181), from which complainant appeals.

1Opinion of the Court

WALLACE, Circuit Judge.

The First National Bank of Watkins was organized in 1883, had a capital of $50,000, was located in a village of about 3,000 population, and carried a line of deposits and discounts approximating $200,000. It had paid dividends semiannually of 4 per cent., except in 1893, when the usual July dividend was not declared. So far as appears, it was a prosperous and wellcondiicted concern until within two years of the time of its failure, 'when, owing to the mismanagement, frauds, and criminal acts of its cashier, its assets were depleted to the extent of about $140,000.…

2Cases cited7 opinions

  1. Merchants' Bank v. State BankSupreme Court of the United States · 1871
  2. Briggs v. SpauldingSupreme Court of the United States · 1891
  3. Knox v. Eden Musee Americain Co.New York Court of Appeals · 1896
  4. Scott v. DepeysterNew York Court of Chancery · 1832
  5. Wild v. Bank of PassamaquoddyU.S. Circuit Court for the District of Maine · 1825

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

3Cited by30 opinions

  1. Michelsen v. PenneyCourt of Appeals for the Second Circuit · 1943
  2. Federal Deposit Insurance Corporation v. Gilbert BiermanCourt of Appeals for the Seventh Circuit · 1993
  3. Atherton v. AndersonCourt of Appeals for the Sixth Circuit · 1938
  4. Hoehn v. CrewsCourt of Appeals for the Tenth Circuit · 1944
  5. Gallin v. National City BankNew York Supreme Court · 1934

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

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