Bank of Michigan v. Williams
New York Supreme Court
This was an action of assumpsit, tried at the Albany circuit in February, 1828, before the Hon. William A. Dues, then one of the circuit judges. The plaintiffs declared on a promissory note for $2755,51, bearing date 28th June, 1822, signed by the defendant and payable on demand to “The President, Directors and Company of the Bank of Michigan.”
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This was an action of assumpsit, tried at the Albany circuit in February, 1828, before the Hon. William A. Dues, then one of the circuit judges. The plaintiffs declared on a promissory note for $2755,51, bearing date 28th June, 1822, signed by the defendant and payable on demand to “The President, Directors and Company of the Bank of Michigan.” The making of the note was acknowledged, and it was proved that the defendant had admitted that there was such an institution as the Bank of Michigan, and that he had been president thereof. It being insisted on the part of the defendant that the…
1Opinion of the Court
By the Court,
Sutherland, J.
It has been repeatedly decided, that a foreign corporation may sue in its corporate name, both in the courts of law and equity in this state. 1 Johns. Cas. 132. 16 Johns. R. 43. 4 Johns. Ch. R. 372. 4 Cowen, 530, notes. 6 id. 46. The same doctrine prevails in England. A suit was brought by The Dutch West India Company, in the court of common pleas, for money lent in Holland; the objection was distinctly taken, that a foreign corporation could not sue in the English courts. It was overruled, and the judgment of that court was affirmed in the king’s bench and house of…
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