Toledo Savings Bank v. Johnston
Supreme Court of Iowa
Appealfrom Tama District Court. — Hon. John R. Caldwell, Judge. Suit in equity to charge the defendant, as director and member of the investment committee in plaintiff bank, for fraud, misconduct, negligence, and gross carelessness in the management of his trust; for an accounting; for a decree declaring an attachment levied by plaintiff upon tbe goods of a copartnership doing business under the name .of W. S. Johnston & Oo. superior and prior to the claims of the defendant…
Read the full summary
Appealfrom Tama District Court. — Hon. John R. Caldwell, Judge. Suit in equity to charge the defendant, as director and member of the investment committee in plaintiff bank, for fraud, misconduct, negligence, and gross carelessness in the management of his trust; for an accounting; for a decree declaring an attachment levied by plaintiff upon tbe goods of a copartnership doing business under the name .of W. S. Johnston & Oo. superior and prior to the claims of the defendant thereto by virtue of holding a chattel mortgage thereon; for an order barring and estopping defendant from setting up…
1Opinion of the CourtDeemer, J.
1 Plaintiff is a corporation organized under the laws of this state, and doing business as a savings bank in the city of Toledo. Defendant has foi many years been a director of the bank, and a member of its investment committee. As such, it was Ms duty to examine the loans made by the bank, and report to the other directors upon the propriety and safety thereof. In the year 1879, and while acting in the above capacity, he was also the owner of a general stock of merchandise. In April of that year lie sold this stock to the firm of W. S. Johnston & Co.,— a firm composed of W. S. Johnston, his…
2Cases cited6 opinions
- Brinckerhoff v. . BostwickNew York Court of Appeals · 1882
- Robinson v. SmithNew York Court of Chancery · 1831
- Brinckerhoff v. . BostwickNew York Court of Appeals · 1885
- Marshall v. F. & M. Savings BankSupreme Court of Virginia · 1889
- Horn Silver Mining Co. v. RyanSupreme Court of Minnesota · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Des Moines Bank & Trust Co. v. George M. Bechtel & Co.Supreme Court of Iowa · 1952
- Easton v. SomervilleSupreme Court of Iowa · 1900
- Bovay v. H. M. Byllesby & Co.Court of Chancery of Delaware · 1940
- Lex v. Selway Steel CorporationSupreme Court of Iowa · 1925
- Dilenbeck v. Security Savings BankSupreme Court of Iowa · 1918
6 more not listed; retrieve them via the Exa API.