State Bank of Pike v. . Brown
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 17, 1898, unanimously affirming a judgment in favor of plaintiff entered upon the report of a referee.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 17, 1898, unanimously affirming a judgment in favor of plaintiff entered upon the report of a referee. This action was brought upon a bond dated January 2nd, 1893, signed by Earle S. White as principal, and by the defendants and' others as sureties, to recover the sum of $2,467.36 alleged to be due the plaintiff thereon by reason of a breach of the condition thereof. The bond was in the penal sum of $20,000, with the obligatory part in the usual form, and the following recital…
1Opinion of the CourtVann, J.
The burden of proof was upon the plaintiff to show that the condition of the bond was broken by the failure of White, “ at the expiration of his term of office,” an d upon request to him ” made, either to render the just and true account required, or to pay over and deliver the moneys and other valuable things which had come into his possession as cashier. In order to meet the burden of proof .the plaintiff read in evidence, under objection and exception, its by-laws, which, in specifying the duties of the cashier, among other things, provided that he should “ keep a full and complete set of…
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