Legal Opinion

President v. Hunt

New York Court of Chancery

Decided September 15, 1842PublishedCited by 3 opinions

The complainants (abanking company) by their bill, charged their late cashier, the defendant Dennis W. Hunt, with abslracting their funds and using them in the purchase of a bond and mortgage for twenty-three thousand dollars.

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The complainants (abanking company) by their bill, charged their late cashier, the defendant Dennis W. Hunt, with abslracting their funds and using them in the purchase of a bond and mortgage for twenty-three thousand dollars. They showed that Samuel Gillelan had the bond and mortgage assigned to him ; that Hunt loaned him twenty thousand dollars and he, Gillelan, duly assigned the bond and mortgage to the said defendant, Hunt, as security for the repayment of the loan, with interest. The Complainants also showed that the said loan consisted of Florida bonds and rail road bonds and other…

1Opinion of the Court

The Vice-Chancellor :

The bill calls on the court to investigate a charge of embezzlement amounting to the crime of felony ; and, then to follow the funds abstracted and lay hold of a bond and mortgage which it is supposed the money of the complainants or their own bank bills went towards purchasing and apply such bond and mortgage to their indemnity.

In the first place, I believe the complainants must be left to pursue their cashier Hunt in a court of criminal jurisdiction. And in the second place, if he should be found guilty, I still do not see where this court gets its authority to…

2Cited by3 opinions

  1. Riehl v. Evansville Foundry Ass'nIndiana Supreme Court · 1885
  2. Preston v. MooreTennessee Supreme Court · 1915
  3. Newton v. PorterNew York Supreme Court · 1872

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