28 FEDERAL REPORTER: »
Smrrn, Beceiver, etc., ·v. Lam.
(District oburt, N. D. New York. 1882.)
Amuazsr Ann Ban.-Rnoucrrou or- Blur.,
A party arrested in a civil action for damages for the wrongful conversion
of the moneys and credits of a bank while acting as its president, and held to
bail in a large amount, where it is shown that he has been tried on a criminal
charge connected with the same transaction, and the jury disagreed; and
' where he is already held to bail on other charges growing out of the same
transactions, and where he has made an assignment of all his property for the
benent of creditors,—is entitled to a reduction on the amount of bail.
Morey at Inglehart, for motion. J
Crowley & Movious, opposed.
Coxn, D. J. This is a motion to reduce bail. The action is by the
receiver of the First National Bank of Buffalo to recover damages
for the alleged wrongful conversion of the money and credits of the
bank by the defendant while acting as its president.
The papers used on the original application were they complaint
and aihdavit of Linus M. Price, a bank examiner, stating in detail
the transactions with Herman J. Hall and others, in which it is in-
sisted that property to a large amount was fraudulently abstracted
» and embezzled. V
_It also appeared that the defendant had executed a conveyance of
the greater part of his real property to one George Howard, to indem-
nify him against loss as bondsman; and that the defendant was pos- »
sessed of valuable personal property, which he was endeavoring to
secrete and dispose of with the intent to defraud his creditors. The
_ latter allegation is on information and belief. There were also two
brief confirmatory aiiidavits. Upon these papers, presented ex parte
to the circuit judge, the defendant was, on the sixteenth day of May,
1882, held tobail in the sum of $100,000, the condition being that
he should render himself amenable to any mandate on final judgment-
Since that time events have greatly modified the circumstances in
which bail in a sum so large was required. The defendant after-
wards _interposed an answer, in which he denies on oath all the
material allegations of the complaint. He admits, in an ahidavit read
on this motion, the transfer of his real estate to indemnify his bonds-
. men in the criminal proceedings, but he insists that the time for
which his bondsmen were bound having expired, the title 'reverts, and
the property conveyed is now applicable to the payment of his debts.