Article Text
RESPONSIBILITY OF TRUSTEES. THE CENTRAL PARK SAVINGS BANK REAL ESTATE INVESTMENT. The decision of the Supreme Court, General Term, which has just been handed down in the suit of Marcus T. Hun, as receiver of the Central Park SavHaga Bank, against John T. Cary and other trustees of the bank 18 important as limiting the powers of such trustees in certain instances. The defendant trustees bought a number of open lots on Third-ave., paying therefor $71,500. Subsequently they sold a portion of the property for a sum sufficient to make the cost of that which remained $29,250, and upon this latter property the trustees built the bank building. After the bank became insolvent the receiver brought the suit to recover this $29,250, charging that the defendants were guilty of derelletion of duty in expending so large a sum of money in real estate on which to build the bank building, and that they had thus abused the power in their hands Judgment was recovered in Circutt in favor of the plantiff The General Term sustains the judgment. Justice Barrett. who writes the opinion. says that under the circumstances this was an extraordinary transaction. To talk of is as an error of judgement 18 idle. It BHOWS the heighth of imprudence and indicates a rash and speculative spirit. Some of the trustees pleaded bankruptcy, The General Term holds that this does not relieve them from the Hability, 10 being for unliquidated damages arising from tort. The judgment, however, is reversed as to Philip Smith, one of the trustees who was not present at the meeting when the action in ques. tion was taken.