Dewitt v. . Brisbane
New York Court of Appeals
Appeal from the Supreme Court. The action was for the foreclosure of a mortgage, and was tried by a referee, who reported the following facts: In November, 1836, the plaintiff and others constituted a joint stock company, carrying on the banking and exchange business at Montreal, in Canada, under the name and style of Viger, Dewitt & Co. This company issued its evidences of debt, for circulation as money, in the similitude of bank bills.
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Appeal from the Supreme Court. The action was for the foreclosure of a mortgage, and was tried by a referee, who reported the following facts: In November, 1836, the plaintiff and others constituted a joint stock company, carrying on the banking and exchange business at Montreal, in Canada, under the name and style of Viger, Dewitt & Co. This company issued its evidences of debt, for circulation as money, in the similitude of bank bills. One Albert Brisbane, who then resided at Buffalo, went to Montreal, and, on November 30, 1836, a written agreement was drawn up between him and the company,…
1Opinion of the CourtHarris, J.
The contract made between Viger, Dewitt & Co. and Albert Brisbane, on the 7th of March, 1837, was illegal and void, not because it contemplated a violation of the statute of this state prohibiting the circulation of small bills, for the contract has no reference to the denomination of bills to be issued, nor does it appear that in fact this statute was ever violated by putting in circulation any bills under the denomination of $5, but the contract was illegal for the reason that its execution necessarily involved a violation of the restraining act of this state. Viger, Dewitt & Co. were an…
2Cited by18 opinions
- Sirkin v. Fourteenth Street StoreAppellate Division of the Supreme Court of the State of New York · 1908
- Samuels v. OliverIllinois Supreme Court · 1889
- Patterson v. . BirdsallNew York Court of Appeals · 1876
- Sturm v. TrubyAppellate Division of the Supreme Court of the State of New York · 1935
- Pittsburg Carbon Co. v. McMillinNew York Court of Appeals · 1890
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