Click image to open full size in new tab
Article Text
# DIRECTORS ARE RESPONSIBLE
Supreme Court Holds That Bank Men Failed to Do Their Duty
# RETRIAL ORDERED. FOR TWO
Chief Justice Prentice and Judge Roraback Dissent in Windsor Locks Bank Case-Statute of Limitations Operates.
Hartford. — The Connecticut Su-
preme Court of Errors, by a three to
two decision, held that the superior
court erred in finding that the direct-
ors of the Windsor Locks Savings
Bank fulfilled their full duty in safe-
guarding the interests of the deposit-
ors, who lost through the defalcations
of A. W. Converse, the former treas-
urer of the institution, and found that
the directors, while they may have
exercised the care of ordinarily pru-
dent men, failed to fulfill their duty
as ordinarily prudent bank directors.
New trials were ordered in the cases
against two groups of directors, and
no error was found in the actions
against two other groups.
The majority opinion was written by
Judge Beach and was concurred in
in its essential features by Judges
Thayer and Wheeler. A minority, dis-
senting opinion, was handed down by
Supreme Court Justice S. O. Prentice,
which was concurred in by Judge Ror-
aback.
Damages of $390,000 were asked in
the four suits, which were tried be-
fore Judge William L. Bennett in the
superior court. The groups were made
up according to terms of service. The
actions were brought by Norris S. Lip-
pitt and Fred P. Holt, then bank com-
missioners, as receivers of the bank,
against the directors, for negligently
permitting the corporate assets to be
wasted, and for illegally declaring
and paying dividends. The object was
to recover for the depositors for losses
sustained because of the misappropria-
tion of nearly $100,000 by Converse.
The stealings, it was alleged, had gone
on for about thirty-nine years. It was
alleged that the directors were re-
sponsible because of neglect to exer-
cise due diligence in their oversight
of the bank's affairs.
The two groups of directors for
whom new trials are ordered are
those whose terms of service included
all or a part of the period covering six
years prior to the institution of the
action, the six years being the time
limit prescribed in the statute of lim-
itations. The cases in which no error
was found are those of men whose
terms of service ended prior to six
years before the institution of the
suits.
Cases for New Trial.
The cases which will go back to the
superior court for a new trial are
those against F. L. Ashley and others
and Ezra B. Bailey and others.
The co-defendants, with F. L. Ash-
ley are Ezra B. Bailey, George P.
Clark, George Glover, George M. Mont-
gomery, John R. Montgomery, Allen
Pease, and M. P. Robinson of Windsor
Locks, J. Warren Johnson of Enfield
and Charles F. Cleveland of Southing-
ton. Damages of $50,000 were asked.
The co-defendants with Ezra B.
Bailey are George P. Clark, James T.
Coogan, George Glover, William
Mather, George M. Montgomery, John
R. Montgomery and Allen Pease of
Windsor Locks, and J. Warren John-
son of Enfield. Damages of $140,000
were asked.
In the cases against George P. Clark
and others and James T. Coogan and
others there will be no new trial.
The co-defendants with George P.
Clark are James T. Coogan, William
Mather, John R. Montgomery, and
Allen Pease of Windsor Locks and J.
Warren Johnson, of Enfield. The
damages asked were $180,000.
The co-defendats with James T.
Coogan and John R. Montgomery of
Windsor Locks and J. Warren John-
son of Enfield. Damages of $20,000
were asked.
Two opinions were written, one a
concurrent opinion by Judge John K.
Beach and one a dissenting opinion
by Chief Justice Samuel O. Prentice.
In the opinion of Judge Beach and
Judge Thayer, the statute of limi-
tations operates in this case, making
the directors in the cases in which
error was found liable for only six
years prior to the institution of pro-
ceedings. In this, Judge Wheeler dis-
sented, holding that the directors
were liable for all the period of Con-
verse's stealings.
Chief Justice Samuel O. Prentice
dissented from the result in the cases
where error was found, and concurred
in the result in the cases in which no
error was found. He consurred in
that part of the opinion in which the
operation of the statute of limitations
in the case was upheld. In this des-
senting opinion. Judge Alberto T.
Roraback concurred.