Batchelor v. United States

Citations

• 156 U.S. 426
• 15 S. Ct. 446
• 39 L. Ed. 478
• 1895 U.S. LEXIS 2149

Syllabus

<p>The offence of wilfully misapplying by the president of the funds of a national bank, in violation of section 5209 of the Revised Statutes, is not sufficiently set forth by an indictment alleging that the defendant, as the president of a national bank, wilfully misapplied a certain sum, of the moneys, funds and credits of the bank, in the manner following, to wit, that the defendant, without the knowledge or consent of the bank, or of its board of directors, and knowing himself and another person named to be insolvent and worthless, procured of the latter divers promissory notes, some of them endorsed by the defendant, but all without other security; “with which said notes, by and through the device and pretence of discounting the same, and making loans thereon, and with the proceeds of said loans so made thereon and thereby obtained by him,” knowing those notes “ to be inadequate security for the moneys so obtained,” he took up and satisfied his indebtedness to the bank; that “ thereafter in turn, by substituting the notes of” the defendant, sometimes endorsed by the other person, and sometimes by some third person named, the defendant, knowing these notes to be inadequate security for the sums they represented, and they having with them no other security, took up and cancelled and pretended to pay to the bank the indebtednéss created to it by him as aforesaid; and that the defendant “did from time to time, by the fraudulent device and means aforesaid, as well as by passing differences between the face of said various notes and the indebtedness aforesaid, which they were from time to time to satisfy, to the credit of” the defendant to the bank, upon the accounts of the bank, gradually increase the amount of his actual indebtedness to the bank; “ all of which said sums were misapplied wilfully, and in the manner aforesaid, out of the moneys, funds and credits of” the bank, and were converted to the defendant’s use, benefit and advantage, with the intention to inj