Kavanaugh v. . Commonwealth Trust Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered June 29, 1915, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The respondent was negligent as a director of the trust company. (Kendrick v. Towle, 36 Mich. 363; Kibele v. Philadelphia, 105 Penn.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered June 29, 1915, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The respondent was negligent as a director of the trust company. (Kendrick v. Towle, 36 Mich. 363; Kibele v. Philadelphia, 105 Penn. St. 41; Louisville v. Carmon, 20 Ind. App. 471; Lehigh v. Lear, 6 Saddler [Penn. St.], 272; Robinson v. Smith, 3 Paige, 222;…
1Opinion of the CourtCrane, J.
The defendant, a director of a trust company, has been sued to recover losses sustained by the company through his alleged neglect of duties. The courts below have decided in his favor. The sufficiency of the complaint was before us in 181 N. Y. 121 and 191 N. Y. 522. Although a new trial must be had as the trial court failed to pass upon the issues presented by the pleadings, yet, in order to present the matter clearly, a statement of the principal facts involved is necessary.
The Trust' Company of the Republic, now the Commonwealth Trust Company, was organized under the Banking Law of the…
2Cases cited11 opinions
- Kent v. . Quicksilver Mining Co.New York Court of Appeals · 1879
- Hun v. . CaryNew York Court of Appeals · 1880
- General Rubber Co. v. . BenedictNew York Court of Appeals · 1915
- Kavanaugh v. . Commonwealth Trust Co.New York Court of Appeals · 1905
- Morehouse v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1906
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3Cited by39 opinions
- Barr v. WackmanNew York Court of Appeals · 1975
- Francis v. United Jersey BankSupreme Court of New Jersey · 1981
- People v. MancusoNew York Court of Appeals · 1931
- Abrams v. AllenNew York Court of Appeals · 1947
- Cosmopolitan Trust Co. v. MitchellMassachusetts Supreme Judicial Court · 1922
34 more not listed; retrieve them via the Exa API.