DABNEY, TRUSTEE,

v.

CHASE NATIONAL BANK; AND CHASE NATIONAL BANK V. DABNEY, TRUSTEE

Citator

Cited By

• In re W.T. Grant Co. v. Rodman, 699 F.2d 599 (2d Cir. 1983)
  …it is settled in this circuit that he owes a duty “not to profit at the expense of his beneficiary”, Dabney v. Chase Nat'l Bank, 196 F. 2d 668, 670 (2 Cir.1952) (L. Hand, J.), as supplemented, 201 F. 2d 635 (2 Cir.), cert. dismissed per stipulation, 346 U.S. 863, 74 S.Ct. 103, 98 L.Ed. 374 (1953). See also United States Trust Co. v. First National City Bank, 57 A.D.2d 285, 296, 394 N.Y.S.2d 653, 660-61 (1st Dep’t 1977), aff’d, 45 N.Y.2d 869, 410 N.Y.S.2d 580, 382 N.E. 2d 1355 (1978); Broad v. Rockwell Int’…
• Harris Tr. & Sav. Bank v. E-Ii Holdings, 926 F.2d 636 (7th Cir. 1991)
  …indful of the judicial maxim that the “law ought not make trusteeship so hazardous that responsible individuals and corporations will shy away from it.” Dabney v. [*641] Chase Nat’l Bank, 196 F. 2d 668, 676 (2d Cir.1952) (Hand, J.), cert. dismissed, 346 U.S. 863, 74 S.Ct. 102, 98 L.Ed. 374 (1953). That maxim, however, does not extend our jurisdiction. And as should be self-evident, the requirements of article III are not met when parties merely allege, as the Trustees have effectively done here, that they a…
• Elliott Assocs. v. J. Henry Schroder Bank & Tr. Co. & Centronics Data Computer Corp., 838 F.2d 66 (2d Cir. 1988)
  …gated to consider the impact of the waiver on the interests of the debenture holders, Elliott relies on our decision in Dabney v. Chase National Bank, 196 F. 2d 668 (2d Cir.1952), as suppl’d, 201 F. 2d 635 (2d Cir.), cert. dismissed per stipulation, 346 U.S. 863, 74 S.Ct. 102, 98 L.Ed. 374 (1953). Dabney provided that the duty of a trustee, not to profit at the possible expense of his beneficiary, is the [*73] most fundamental of the duties which he accepts when he becomes a trustee. It is a part of his ob…