Legal Opinion

Goodwin v. American National Bank

Supreme Court of Connecticut

Decided January 11, 1881PublishedCited by 27 opinions

Bill in equity by an administrator, to compel the transfer of stock to himself as such administrator; brought to the Superior Court for Hartford County, and tried before Beardsley, J. The following facts were found by the court:— Ralph Pitkin of East Hartford died in August, 1874, leaving a will and making his son, L. T. Pitkin, his sole executor.

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Bill in equity by an administrator, to compel the transfer of stock to himself as such administrator; brought to the Superior Court for Hartford County, and tried before Beardsley, J. The following facts were found by the court:— Ralph Pitkin of East Hartford died in August, 1874, leaving a will and making his son, L. T. Pitkin, his sole executor. The will was duly proved in the probate court on the 26th of August, 1874, and L. T. Pitkin accepted the trust, and proceeded with the settlement of the estate. On the 29th of September, 1874, he applied to the respondent bank for the discount of a…

1Opinion of the CourtPardee, J.

(After stating the principal facts). The petitioner insists that, inasmuch as the acts of the executor in depositing on his private account the amount of the $10,000 loan made upon his note as executor and in drawing the checks which he did upon that account, were known to the teller of the respondent bank and were recorded upon its books, the directors are to be charged with having thereby acquired actual knowledge of a fraudulent use of the money by the executor after the loan and before the first renewal thereof; if not actual knowledge such good reason for suspicion as to put them on…

2Cases cited2 opinions

  1. Shaw v. SpencerMassachusetts Supreme Judicial Court · 1868
  2. Duncan v. JaudonSupreme Court of the United States · 1873

3Cited by27 opinions

  1. Allen v. Puritan Trust Co.Massachusetts Supreme Judicial Court · 1912
  2. Quanah, Acme & Pacific Railway Co. v. Wichita State Bank & Trust Co.Texas Supreme Court · 1936
  3. Lowndes v. City National BankSupreme Court of Connecticut · 1909
  4. Rodgers v. Bankers National BankSupreme Court of Minnesota · 1930
  5. Havana Cent. R. v. Central Trust Co. of New YorkCourt of Appeals for the Second Circuit · 1913

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