Batchelor v. Planters' National Bank
Court of Appeals of Kentucky
Case 88 — EQUITY— ■I. The transfer to equity was error. (Civil Code, secs. 4, 5 ; Story Eq. Juris., 458, 459; Minor’s Inst, on Law, vol. 4, 1219; 5 Gratt., 427; 2 Rand., 449; 2 Leigh., 490; 7 lb., 402; Civil Code, sec. 347.) 2. Erred in refusing a trial by jury. (Petty v. Malier, 15 B. Mon., 605; 15 B. Mon., 73; Civil Code, sec. 10.) 3. No demand is averred in the petition.
Read the full summary
Case 88 — EQUITY— ■I. The transfer to equity was error. (Civil Code, secs. 4, 5 ; Story Eq. Juris., 458, 459; Minor’s Inst, on Law, vol. 4, 1219; 5 Gratt., 427; 2 Rand., 449; 2 Leigh., 490; 7 lb., 402; Civil Code, sec. 347.) 2. Erred in refusing a trial by jury. (Petty v. Malier, 15 B. Mon., 605; 15 B. Mon., 73; Civil Code, sec. 10.) 3. No demand is averred in the petition. (8 Bush, 612; 14 Bush, 297.) 4. Batchelor came up to the measure of diligence which the law demands from him as cashier. (Morse on Banking, 182.) 1. No demand is averred. (Owens v. Ballard County Court, 8 Bush, 612; 14…
1Opinion of the CourtChief Justice Pryor
This action was instituted by the Planters’ National Bank of Louisville on the bond of its cashier, J. W. Batchelor, and a recovery had of fifty thousand dollars against him and his sureties, from which they prosecute this appeal.
The condition of the bond is that the cashier shall “faithfully and honestly discharge his duties as cashier aforesaid, ■ and faithfully apply and account for all such moneys, funds, ■and valuables, and deliver the same, on proper demand, to the order of the board of directors of said bank, or to the person or persons authorized to receive them.” Signed by Batchelor…
2Cited by4 opinions
- Farmers & Traders' Bank of Shelbyville v. Fidelity & Deposit Co. of MarylandCourt of Appeals of Kentucky · 1900
- Sherman v. HarbinSupreme Court of Iowa · 1904
- Fiala v. AinsworthNebraska Supreme Court · 1903
- Pepper v. Planters' National BankCourt of Appeals of Kentucky · 1883