Smith v. Bank of New England
Supreme Court of New Hampshire
Bill in Equity, in behalf of the plaintiff and all others of like interest, alleging that the plaintiff is the owner oof certificates of deposit issued by the Union Trust Company which are indorsed by the defendants in the manner stated below; that on March 29, 1892, it was agreed between the Trust Company, a corporation organized under the laws of Iowa and doing business in that state, and the defendants, that the Trust Company should issue certificates of deposit to an…
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Bill in Equity, in behalf of the plaintiff and all others of like interest, alleging that the plaintiff is the owner oof certificates of deposit issued by the Union Trust Company which are indorsed by the defendants in the manner stated below; that on March 29, 1892, it was agreed between the Trust Company, a corporation organized under the laws of Iowa and doing business in that state, and the defendants, that the Trust Company should issue certificates of deposit to an amount to be thereafter fixed and should assign and transfer to the defendants, to be held by them in trust to secure the…
1Opinion of the CourtCarpenter, C. J.
The bill is not multifarious, nor would it be if all the holders of certificates were in fact made parties to it either as plaintiffs or defendants. They are all equally and directly interested in the disposition of any trust funds now held by the defendants and in any damages that may be awarded against them for a breach of the trust. All the matters in controversy relate exclusively to the alleged conduct and misconduct of the defendants as trustees. It not only appears that by the joinder of all others of like interest with the plaintiff the defendants will not be embarrassed or subjected…
2Cases cited8 opinions
- Owen v. WestonSupreme Court of New Hampshire · 1885
- Metcalf v. GilmoreSupreme Court of New Hampshire · 1879
- Walker v. WalkerSupreme Court of New Hampshire · 1885
- Page v. WhiddenSupreme Court of New Hampshire · 1880
- Gage v. GageSupreme Court of New Hampshire · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State Employees' Ass'n of New Hampshire, Inc. v. Belknap CountySupreme Court of New Hampshire · 1982
- Lacoss v. LebanonSupreme Court of New Hampshire · 1917
- Schneider v. WILMINGTON TRUST CO., BANK OF DEL.Court of Chancery of Delaware · 1973
- Logan v. Equitable Trust Co.Oregon Supreme Court · 1934
- Trustees of Dartmouth College v. CameronSupreme Court of New Hampshire · 1913
4 more not listed; retrieve them via the Exa API.