New York Court of Appeals

Marcus T. Hun, as Receiver v. John G. Cary, Appellants; Philip Smith, Respondent

September 21, 188082 N.Y. 65

Summary

The Court of Appeals affirmed the judgment against the trustees of the Central Savings Bank, holding that they were liable for gross negligence in purchasing and building on an expensive lot despite the bank's insolvency. The court also affirmed that the action was properly tried as an action at law with a jury, that not all trustees needed to be joined, and that a bankruptcy discharge did not bar liability for unliquidated tort damages.