Hun v. . Cary
New York Court of Appeals
These were cross-appeals. The defendants, Cary and others appealed from judgment of the General Term of the Supreme Court, in the first judicial department, affirming, as to ,them, a judgment in favor of plaintiff entered upon a verdict, and affirming an order denying a motion for a new trial. The plaintiff appealed from an order of said General Term reversing its judgment as to defendant Smith, and granting a new trial.
Read the full summary
These were cross-appeals. The defendants, Cary and others appealed from judgment of the General Term of the Supreme Court, in the first judicial department, affirming, as to ,them, a judgment in favor of plaintiff entered upon a verdict, and affirming an order denying a motion for a new trial. The plaintiff appealed from an order of said General Term reversing its judgment as to defendant Smith, and granting a new trial. The nature of the action and the facts appear sufficiently in the opinion. To establish a prima facie case of negligence, it is not sufficient for the plaintiff to prove…
1Opinion of the CourtEarl, J.
This action was brought by the receiver of the Central Savings Bank of the city of Hew York, against the defendants, who were trustees of the bank, to recover damages which, it is alleged, they caused the bank by their misconduct as such trustees.
The first question to be considered is the measure of fidelity, care and diligence which such trustees owe to such a bank and its depositors. The relation existing between the ..corporation and its trustees is mainly that of principal and agent, and. the relation between the trustees and the depositors is similar to that of trustee and cestui que…
2Cases cited10 opinions
- First Nat. Bank v. . Ocean Nat. BankNew York Court of Appeals · 1875
- Scott v. DepeysterNew York Court of Chancery · 1832
- Kellogg v. SchuylerNew York Supreme Court · 1846
- Ohio & Mississippi Railroad v. McPhersonSupreme Court of Missouri · 1864
- Butts v. WoodNew York Supreme Court · 1862
5 more not listed; retrieve them via the Exa API.
3Cited by103 opinions
- Briggs v. SpauldingSupreme Court of the United States · 1891
- New York State Bankers Ass'n v. AlbrightNew York Court of Appeals · 1975
- Barr v. WackmanNew York Court of Appeals · 1975
- General Rubber Co. v. . BenedictNew York Court of Appeals · 1915
- Francis v. United Jersey BankSupreme Court of New Jersey · 1981
98 more not listed; retrieve them via the Exa API.