44 Vt. 459 | Vt. | 1872
The opinion of the court was delivered by
The question in this case is, whether the defendant as cashier of the Windham County Bank for the years commencing April 1, 1864, and April 1, 186-5, and of the First National Bank of Brattleboro for the years commencing April 1, 1866, and April 1, 1867, is liable for any loss that may have resulted to the town, by his neglect to return to the town clerk of the plaintiff, for the first two years named, ihe names of the stockholders in the Windham County Bank, agreeably to the requirements of §39, ch. 83 of the General Statutes, and for the last two years the names of the stockholders of the First National Bank of Brattleboro, agreeably to the requirements of § 1 of No. 6 of the acts of 1865 ; or whether the penalties imposed by § 47 of ch. 83, and by § 5 of the act of 1865, are the only remedies given for the neglect of the defendant to perform the duties imposed by the two sections first above named.
These duties are created solely by the statutes trained, and by them are super-imposed upon the defendant in addition to those duties which wore incumbent on him by reason of his acceptance of the office of cashier. The principle, that the law will furnish a remedy to a party injured by the neglect or non-performance of a duty Imposed on an individual by statute, where the statute itself furnishes no remedy, is too familiar and well established to need the support of authorities. If the statute which imposes a
The judgment of the county court is affirmed.