Hallett v. Fish

Citations

• 120 F. 986
• 1903 U.S. App. LEXIS 5316

Syllabus

<p>1. Weight of Testimony — Contradictory Statements of Witness — Effect.</p> <p>The fact that a witness, testifying that in a certain transaction he acted, as agent for a bank, had stated in contradiction of this that he was acting individually, affects only the weight of his testimony, and does not disprove his agency.</p> <p>2. Bank’s Insolvency — Aid of Third Person — Inducement by Cashier— Agency for Bank — Sufficiency of Evidence.</p> <p>Evidence in an action by one furnishing aid to an insolvent bank (being induced thereto by its cashier) to recover from the receiver, as a preferred creditor, considered, and helé to show that the aid was furnished to the cashier in his official capacity, as representative of the bank, and not as an individual.</p> <p>8. Same — Fraud of Cashier — Effect as to Bank.</p> <p>Where a cashier of an insolvent bank, acting for it, induced his financée to furnish securities for ¿ loan to aid the institution, any fraud practiced on her through advantage taken of the relation between them was that of the bank.</p> <p>4. Same — Preference as Creditor.</p> <p>A woman engaged to marry the cashier of an insolvent bank, who is told by him that the bank is in trouble and needs money or securities immediately, and is induced by him to furnish securities for a loan to the bank, but is not told that the bank’s capital is gone, and more, as a result of defalcations by the cashier and others, is entitled to recover from the receiver, as a preferred creditor, the amount of the loan paid by her to save her securities.</p>