The People v. . Walker
New York Court of Appeals
Appeal from the Supreme Court. The defendants were sued as directors of the Bank of Utica at the time of the expiration of its charter, and becoming, as such, trustees for its creditors and stockholders, to recover $3,000, being one-half of one per cent upon the capital of the bank, which became due, as its contribution to the Safety Fund, on the 1st day of January, 1850. The charter of the bank was granted in 1812, and expired, by its terms, in 1832. By an act passed in…
Read the full summary
Appeal from the Supreme Court. The defendants were sued as directors of the Bank of Utica at the time of the expiration of its charter, and becoming, as such, trustees for its creditors and stockholders, to recover $3,000, being one-half of one per cent upon the capital of the bank, which became due, as its contribution to the Safety Fund, on the 1st day of January, 1850. The charter of the bank was granted in 1812, and expired, by its terms, in 1832. By an act passed in 1829 (ch. 216, 340), the original act of incorporation was “ continued in force until the first day of January, one…
1Opinion of the Court
Johnson, Ch. J.
The charter of the Bank of Utica was, by chapter 216 of the Laws of 1829, continued in force until the 1st day of January, 1850, and it is material to consider and determine whether the bank had a corporate existence on that day, or whether it ended with the 31st day of December, 1849. The language of the act itself, in its other provisions, affords no further clue to the legislative intent upon this point. ‘Those provisions are all as consistent with the one construction as the other. The word “ until” is very frequently employed in a sense excluding the day named, and that is…
2Cited by23 opinions
- Noble State Bank v. HaskellSupreme Court of the United States · 1911
- State ex rel. Davis-Smith Co. v. ClausenWashington Supreme Court · 1911
- Bradley v. ReppellSupreme Court of Missouri · 1896
- Sturges v. . VanderbiltNew York Court of Appeals · 1878
- State ex rel. Cosgrove v. PerkinsSupreme Court of Missouri · 1897
18 more not listed; retrieve them via the Exa API.