Brinckerhoff v. Roosevelt
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Southern District of New York. On appeal by the defendant, Robert B. Roosevelt, from a decree of the-Circuit Court for the Eastern District of New York requiring him to account for the sum of $127,984 (less a small contingent deduction), which was lost by the Holland Building Association through the negligence and mismanagement of the said defendant while acting as its president.
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Appeal from the Circuit Court of the United States for the Southern District of New York. On appeal by the defendant, Robert B. Roosevelt, from a decree of the-Circuit Court for the Eastern District of New York requiring him to account for the sum of $127,984 (less a small contingent deduction), which was lost by the Holland Building Association through the negligence and mismanagement of the said defendant while acting as its president. The complainant, Brinckerhoff, a stockholder in the said association, having qualified, as far as it was possible to do so, under equity rule 94, brought the…
1Per curiam
The facts are so fully and carefully considered by the Circuit Court that little more is required. The cancellation of the bond and mortgage covering No. 33 Nassau street, New York —property now occupied by the Bank of Commerce—left the Building Association without available property. The mortgage, unquestionably worth its face value, was canceled and nothing remained but so-called securities, which, if not worthless, were unavailable and discredited. This act of spoilation was done with the knowledge, consent, and procurement of the defendant, and he is liable for the consequences. It…
2Cited by10 opinions
- Becker v. BillingsIllinois Supreme Court · 1922
- Ventress v. WallaceMississippi Supreme Court · 1916
- Anderson v. Scandia Mining SyndicateSouth Dakota Supreme Court · 1910
- Broomfield v. DoolittleDistrict Court, S.D. New York · 1942
- Chance v. Guaranty Trust Co.Appellate Division of the Supreme Court of the State of New York · 1939
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