Legal Opinion

Ricker v. Hall

Supreme Court of New Hampshire

Decided June 5, 1899PublishedCited by 2 opinions

' Bill in Equity, by a stockholder of the Dover National Bank,, to hold the defendants, who were directors of the bank, p.erson.ally liable for.a loss occasioned by the defalcation of the -cashier. Facts found by the court. ’ The Docker National Bank did business in Dover until Janu.ary 11, 1895', :w’hen it suspended by reason of th.e.defalcation -of the cashier.

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' Bill in Equity, by a stockholder of the Dover National Bank,, to hold the defendants, who were directors of the bank, p.erson.ally liable for.a loss occasioned by the defalcation of the -cashier. Facts found by the court. ’ The Docker National Bank did business in Dover until Janu.ary 11, 1895', :w’hen it suspended by reason of th.e.defalcation -of the cashier. Prior.to Í880 and until February 28, 1885, one Hale was cashier and at the same time treasurer of the Hover Five Cent Savings Bank. Haring this period he employed one Abbott as his clerk and bookkeeper in both banks, paying him about…

1Opinion of the CourtPeaslee, J.

The question of the existence of negligence is one of fact, and the correctness of a finding upon such a question will not be reviewed here, except so far as to determine whether there wras any evidence upon which a reasonable man might reach the conclusion arrived at. Hardy v. Railroad, 68 N. H. 523. The trier of facts having "found that the charge of negligence was not proved, the only question here is whether the evidence was so overwhelming that every reasonable man must have come to a different conclusion.

The decisions in other jurisdictions, attempting to establish inflexible rules…

2Cases cited1 opinion

  1. Hardy v. Boston & Maine RailroadSupreme Court of New Hampshire · 1896

3Cited by2 opinions

  1. Bass v. Concord Street RailwaySupreme Court of New Hampshire · 1899
  2. Muskogee Electric Traction Co. v. LattySupreme Court of Oklahoma · 1920

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