Austin v. Daniels
New York Supreme Court
Motion to set aside the report of referees. The defendant was the cashier of the Commercial Bank of Buffalo until the end of July, 1841, when he resigned. The bank failed and its effects passed into the hands of the plaintiff as receiver about five months afterwards.
Read the full summary
Motion to set aside the report of referees. The defendant was the cashier of the Commercial Bank of Buffalo until the end of July, 1841, when he resigned. The bank failed and its effects passed into the hands of the plaintiff as receiver about five months afterwards. The plaintiff claimed to recover the balance of the defendant’s individual account appearing upon the ledger, amounting to $2035,07. Two items on the debit side amounting to $614 were considered erroneous by the referees—and the finding in that respect is acquiesced in by the plaintiff—which reduced the balance to $1421,07, which…
1Opinion of the Court
By the Court, Beardsley, J.
There is no error in this case of which the defendant can complain, and none is alleged on the part of the receiver.
It may be collected from the report of the referees, although the evidence is not stated with much detail, or particularity, that Hatch and the defendant, the president and cashier of the bank now represented by the receiver, were engaged in 1839 or 1840, in establishing a new. banking institution, called the Union *301Bank, under the general banking law of 1838. That with a view to this object a purchase was made, on credit, of stock of the state of…
2Cited by10 opinions
- Hun v. . CaryNew York Court of Appeals · 1880
- Holmes v. . WillardNew York Court of Appeals · 1890
- First National Bank v. DrakeSupreme Court of Kansas · 1883
- Gardiner v. PollardThe Superior Court of New York City · 1863
- Roth v. RobertsonNew York Supreme Court · 1909
5 more not listed; retrieve them via the Exa API.