Legal Opinion

President of the Middletown Bank v. Russ

Supreme Court of Connecticut

Decided October 16, 1819PublishedCited by 21 opinions

THIS was a bill in chancery, brought originally to the superior court, for discovery and relief. The bill stated the following case. The Middletown Manufacturing Company was formed, and commenced business, by that name, in the year 1812. Soon afterwards, the company became indebted to the plaintiffs, on notes made by Arthur W. Magill, its agent, payable to Alexander Wolcott and other persons, or order, and by them indorsed, amounting to about 10,000 dollars.

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THIS was a bill in chancery, brought originally to the superior court, for discovery and relief. The bill stated the following case. The Middletown Manufacturing Company was formed, and commenced business, by that name, in the year 1812. Soon afterwards, the company became indebted to the plaintiffs, on notes made by Arthur W. Magill, its agent, payable to Alexander Wolcott and other persons, or order, and by them indorsed, amounting to about 10,000 dollars. These notes were discounted at the Middle-town bank, at different times, during the year, for the accommodation of the company, and to…

1Opinion of the Court

Hosmer, Ch. J.

The first objection, in this case, is, that there is an adequate remedy at law against the indorsers of the notes mentioned in the plaintiffs’ bill. It does not lie in the mouths of the defendants to make this objection. It is sufficient for the plaintiffs, that there is not adequate remedy at law against the defendants.

The plaintiffs aver, that the Middletown Manufacturing Company is indebted to them in a large sum ; and the allegations sufficiently shew that it is a corporation. The bill proceeds on the ground, that the individual members of this company are under personal…

2Cited by21 opinions

  1. Pottetti v. CliffordSupreme Court of Connecticut · 1959
  2. Berger v. CuomoSupreme Court of Connecticut · 1994
  3. Welles v. RhodesSupreme Court of Connecticut · 1890
  4. New-London Bank v. LeeSupreme Court of Connecticut · 1835
  5. McNorton v. Pan American Bank of OrlandoDistrict Court of Appeal of Florida · 1980

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