Worden v. Orange County Bank — 1 Wend. 309

Majority

p. 309

Worden ads. Orange County Bank.

Headnote

a rule to shew should not is-warded against company11™! the non-payment of a biU of costs.

Proceedings on attachment. At the last term a rule was granted that the cashier of the Orange County Bank pay a taxed bill of costs awarded against the bank, or shew cause why an attachment should not issue against him. ‘ (Jlnte, 94.) He now shewed cause, that he was not personally responsible, and that he had no control over the funds of the insti- . . tution.

L. H. Palmer, for cashier.

By the Court,

We were aware, at the last term, that this probably would be the answer of the cashier, and after directing the entry of the rule, had intended to have made a new order, but it escaped us. We now direct a rule, that the president, directors and company of the Bank

p. 310

of Orange County pay the costs in this case, or shew cause, by the first day of the next term, why a distringas should not issue, to compel the payment. (Cowper’s R. 85.)