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U.S. Supreme Court

Bank of the United States v. Dandridge, 25 U.S. 12 Wheat. 64 64 (1827)

Bank of the United States v. Dandridge

25 U.S. (12 Wheat.) 64


In a suit brought by the president, directors and company of the Bank of the United States upon a bond given to the bank to secure the faithful performance of the official duties of one of its cashiers, evidence of the execution of the bond, and of its approval by the board of directors (according to the rules and regulations contained in the charter of the bank) is admissible, notwithstanding there was no record of such approval, and the plaintiff may prove the fact of such approval by the board by presumptive evidence, in the same manner as such fact might be proved in the ease of private persons, not acting as a corporation or as the agents of a corporation.

Where in such a case the cashier is duly appointed and permitted to act in his office, for a long time, under the sanction of the directors, it is not necessary that his official bond should be accepted by the board of directors as satisfactory according to the terms of the charter in order to enable him to enter legally on the duties of his office, or to make his sureties responsible for the nonperformance of those duties. The charter and the bylaws are to be considered, in this respect, as directory to the board, and not as conditions precedent.

Distinction as to proof of the acts of corporations and of private persons.

Proof of the acts of aggregate corporations at the common law.

Of corporations created by statute.

How far the law requires the acts of corporations to be in writing.

Rules of evidence as to presumptions in the case of private individuals.

Cases where corporate acts have been the subject of presumptions.

Nature of the corporation of the Bank of the United States.

Distinction between an act prescribed by law to be done as a condition precedent, or only directory to the officers who are to perform it.

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