Legal Opinion
Hun v. Cary
New York Supreme Court
Decided January 15, 1880PublishedCited by 3 opinions
Appeal from a judgment entered upon the verdict oí a jury and from an order denying the defendant’s motion for a new trial.
1Opinion of the Court
Barrett, J. —
(1.) The charge against these trustees is not improvidence in the terms of the purchase, but dereliction of duty in buying the land at all.
The question is, whether the statutory power to invest in a suitable lot and banking-house was abused.
The bank had never been successful. From the first the annual payments exceeded the receipts. In 1871 there was a change for the better, but in 1872 the receipts again fell behind, and at the time of the purchase there was a deficiency of several thousand dollars, represented in part by .the safe and fixtures.
It is not too much to say that the…
2Cases cited2 opinions
- Campbell v. . PerkinsNew York Court of Appeals · 1853
- In re BaxterDistrict Court, S.D. New York · 1878
3Cited by3 opinions
- Metropolitan Elevated Railway Co. v. Manhattan Elevated Railway Co.New York Court of Common Pleas · 1884
- Bowers v. MaleAppellate Division of the Supreme Court of the State of New York · 1906
- Pierson v. MorganNew York Supreme Court · 1887