Savings Bank of Louisville's Assignee v. Caperton
Court of Appeals of Kentucky
Case 51 — PETITION EQUITY APPEALS FROM LOUISVILLE CHANCERY COURT. 1. The question is, what duty did the directors owe? and not as to the degree of negligence. The law can do no more than to ascertain that the defendant failed in his duty. It is not necessary or profitable to discriminate as to the degrees or differences in his negligence.
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Case 51 — PETITION EQUITY APPEALS FROM LOUISVILLE CHANCERY COURT. 1. The question is, what duty did the directors owe? and not as to the degree of negligence. The law can do no more than to ascertain that the defendant failed in his duty. It is not necessary or profitable to discriminate as to the degrees or differences in his negligence. (Wilson v. Brett., 11 M. & W., 115; Wyld v. Pickford, 8 M. & W., 461; Grill v. Iron Co., L. R., 1 C. P., 614; Hunton v. Dibbon, 2 Q. B., 646; Steamboat v. King, 16 How., 474; R. R. Co. v. Derby, 14 How., 486; 2 Kent, 560.) 2. Classification of cases on the…
1Opinion of the Court
CHIEB JUSTICE PBYOB
delivered the opinion ot the court.
This action was instituted by Gustave Myers and others against the President andjpirectors of the Louisville SavingsJBank, to recover the various sums due to them as depositors in its savings department, the loss having been caused from the embezzlement of the funds of the bank by J. EL Rliorer, the cashier. The ground of recovery is the alleged negligence of the directors in the general conduct of the bank, and particularly in their failure to inspect, the books of the bank, and a waut_of__ diligence in supervising the acts..of .their…
2Cases cited2 opinions
- United Society of Shakers v. UnderwoodCourt of Appeals of Kentucky · 1873
- Dunn's Adm'r v. Kyle's Ex'rCourt of Appeals of Kentucky · 1878
3Cited by27 opinions
- Wallace v. Lincoln Savings BankTennessee Supreme Court · 1891
- San Pedro Lumber Co. v. ReynoldsCalifornia Supreme Court · 1898
- Pritchard v. MyersCourt of Appeals of Maryland · 1938
- Union National Bank v. HillSupreme Court of Missouri · 1899
- Hill v. MurphyMassachusetts Supreme Judicial Court · 1912
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