Briggs v. President of the Nantucket Bank
Massachusetts Supreme Judicial Court
The action was assumpsit on what is commonly called a bank-bill or note. The declaration alleged the promise at Nantucket. The defendants pleaded a misnomer of their corporate name in bar of the action, to which the plaintiff demurred generally, and the defendants joined in demurrer.
1Opinion of the Court
The opinion of the Court was afterwards delivered by
Parsons, C. J.
The action is assumpsit on a bank-note purporting to be issued by the Nantucket Bank. The defendants pleaded misnomer of the corporation in bar. To this plea there is a general demurrer and joinder.
[ * 95 ] * The defendants admit that their bar is bad; but they contend that the writ ought to abate, because it appears from the face of it, that the Court of Common Pleas for the county of Suffolk, to which Court the original writ was returnable, had no jurisdiction.
The objection to the writ is founded on the want of any venue laid…
2Cited by12 opinions
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- Taylor v. SavageMassachusetts Supreme Judicial Court · 1815
- Pullen v. ChaseSupreme Court of Arkansas · 1842
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