Legal Opinion

Brown v. Folsom

Supreme Court of New Hampshire

Decided June 5, 1883PublishedCited by 2 opinions

Bill in Equity. The plaintiffs, depositors in the Carroll County Five Cents Savings Bank, bring the suit in behalf of themselves and all other depositors who may join them.

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Bill in Equity. The plaintiffs, depositors in the Carroll County Five Cents Savings Bank, bring the suit in behalf of themselves and all other depositors who may join them. They allege that the defendants, who were officers, trustees, or directors of the bank, by their negligence and violations of law, and by their wilful and corrupt misconduct in various particulars set forth in the bill, occasioned great losses to the bank and to its depositors; that they made and caused to be published false statements of the affairs of the bank, showing it to be solvent when it was in fact insolvent, by…

1Opinion of the CourtCarpenter, J.

Whether the depositors can in any case maintain a creditors’ bill against a savings-bank and its debtors and persons liable to it in damages, under the provisions of G. L., c. 209, s. 3, is a question which need not be considered. The question here is, whether such a bill can be maintained after an assignee of tbe property and effects of the bank has been appointed by tbe court, and while he is engaged in the performance of his duties.

The statutes provide that the court may in a proper case appoint an assignee of any savings-bank, subject to such rules and orders as it may prescribe; that he…

2Cited by2 opinions

  1. Bank Commissioners v. New Hampshire Trust Co.Supreme Court of New Hampshire · 1899
  2. States v. People's Trust Co.Supreme Court of New Hampshire · 1931

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