Sparks v. President of the Farmers' Bank
Court of Chancery of Delaware
Injunction Bill. — Application for issues. - Production OF DOCUMENTS. — The complainants’ application arose in the course of proceedings upon a bill in equity, to restrain the collection of the official bond of Joseph A. Heston, late cashier of the Farmers’ Bank. Heston was alleged to have made certain defalcations.
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Injunction Bill. — Application for issues. - Production OF DOCUMENTS. — The complainants’ application arose in the course of proceedings upon a bill in equity, to restrain the collection of the official bond of Joseph A. Heston, late cashier of the Farmers’ Bank. Heston was alleged to have made certain defalcations. The pleadings disclosed that the principle controversy was, whether the office of cashier was an annual one The bonds were dated, one, January 1st, 1862, and the other, January 6th, 1.865 > and the complainants contended that each rendered the sureties liable only for defalcations…
1Opinion of the Court
The Chancellor :—
The application is one made to the sound discretion of the Court. With respect to the first proposed issue, it does not appear to me to be such an one as, in the proper exercise of that discretion, should'be ordered. The matter involved arises upon complicated accounts which can be tried by the Court more satisfactorily than by a jury. Besides, the time of the alleged defalcations is admitted, by the defendant, to be such, that if the office of cashier was an annual one, the sureties are not liable.
The object of the second issue, as proposed, is, to establish the real…
2Cited by6 opinions
- Aetna Casualty & Surety Co. v. Mayor & Council of WilmingtonCourt of Chancery of Delaware · 1932
- Dill v. DillCourt of Chancery of Delaware · 1914
- Clark v. SippleCourt of Chancery of Delaware · 1912
- Lieberman v. First National BankCourt of Chancery of Delaware · 1898
- Saunders v. SaundersSupreme Court of Delaware · 1950
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