Brinckerhoff v. . Bostwick
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Oourt, in the second judicial department, entered upon an order made December 14, 1880, which affirmed a judgment in favor of defendants, entered upon an order sustaining a demurrer to plaintiff’s complaint. (Reported below, 23 Hun, 237.) The substance of the pleadings is given in the opinion.
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Appeal from judgment of the General Term of the Supreme Oourt, in the second judicial department, entered upon an order made December 14, 1880, which affirmed a judgment in favor of defendants, entered upon an order sustaining a demurrer to plaintiff’s complaint. (Reported below, 23 Hun, 237.) The substance of the pleadings is given in the opinion. The directors of a bank are trustees and the stockholders cestuis que trust, and the latter, in case a trustee is unfaithful, have a remedy independently of any statute or act of Congress. (2 Kent’s Com. [12th ed.], 280 and note 1; A. & A. on…
1Opinion of the CourtRapallo, J.
The complaint charges, among other things, that the defendants Bostwick and others, who were directors of the National Bank of JFishkill, neglected to perform their official duties as such directors, and negligently permitted the money, property and effects of the bank to be stolen, wasted and squandered. That they negligently permitted various-persons and corporations who were insolvent and irresponsible to overdraw their accounts to a large amount without security, and negligently permitted the money of the bank to be loaned to irresponsible persons, and corporations, without adequate…
2Cases cited12 opinions
- Claflin v. HousemanSupreme Court of the United States · 1876
- Kennedy v. GibsonSupreme Court of the United States · 1869
- Robinson v. SmithNew York Court of Chancery · 1831
- Butts v. . WoodNew York Court of Appeals · 1867
- Greaves v. . GougeNew York Court of Appeals · 1877
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3Cited by147 opinions
- Porter v. SabinSupreme Court of the United States · 1893
- Sage v. . CulverNew York Court of Appeals · 1895
- Caprer v. NussbaumAppellate Division of the Supreme Court of the State of New York · 2006
- Brinckerhoff v. . BostwickNew York Court of Appeals · 1885
- Wallace v. Lincoln Savings BankTennessee Supreme Court · 1891
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