Lamb v. Cecil
West Virginia Supreme Court
Statement of the case by Johnson, PRESIDENT: Daniel Lamb on February 13,1876, instituted his suit and at March rules, 1876, filed his bill in equity in the circuit court of Ohio county against A. J. Cecil, in which ho alleged, that on February 25, 1871, the Wheeling Savings Institution by order of its board of directors, made a general assignment of its property to him as its trustee for the benefit of its creditors ; and with his bill he exhibits the copy of said deed of…
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Statement of the case by Johnson, PRESIDENT: Daniel Lamb on February 13,1876, instituted his suit and at March rules, 1876, filed his bill in equity in the circuit court of Ohio county against A. J. Cecil, in which ho alleged, that on February 25, 1871, the Wheeling Savings Institution by order of its board of directors, made a general assignment of its property to him as its trustee for the benefit of its creditors ; and with his bill he exhibits the copy of said deed of assignment from the records of said county, where it was promptly recorded. lie alleges in said bill the incorporation of…
1Opinion of the Court
JOHNSON, PRESIDENT:
If the amended hill were intended to charge the directors for the amount of the damage suffered by the bank by reason of their fraud or negligence in the management oí the affairs of the bank, then all of the directors should have been made defendants, but it it is to be regarded as a bill to compel Cecil to pay the amount of his deposits improperly withdrawn from the bank, then the bill is multifarious. The court did not err in refusing to permit said bill to be filed.
It was error to decree interest on the aggregate of principal and interest from a time anterior to the…
2Cases cited7 opinions
- Fleckner v. President of the Bank of the United StatesSupreme Court of the United States · 1823
- Dana v. Bank of the United StatesSupreme Court of Pennsylvania · 1843
- Lovett v. Steam Saw Mill Ass'nNew York Court of Chancery · 1836
- President of the Northampton Bank v. PepoonMassachusetts Supreme Judicial Court · 1814
- Ott v. McHenryWest Virginia Supreme Court · 1867
2 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Leach v. BeazleySupreme Court of Iowa · 1926
- Lamb v. CecilWest Virginia Supreme Court · 1886
- Davenport v. StoneMichigan Supreme Court · 1895
- Bank v. Lowther-Kaufman Oil & Coal Co.West Virginia Supreme Court · 1909
- Doonan v. GlynnWest Virginia Supreme Court · 1885
29 more not listed; retrieve them via the Exa API.