Bank of Chillicothe v. Dodge
New York Supreme Court
This was an action of assumpsit. The declaration contained the ordinary counts for money lent and advanced, paid, laid out and expended, money had and received, an account stated, and five special counts.
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This was an action of assumpsit. The declaration contained the ordinary counts for money lent and advanced, paid, laid out and expended, money had and received, an account stated, and five special counts. The first special count alledged in substance that the plaintiffs, at the time of the making of a draft or bill of exchange therein mentioned and set forth, were a body corporate, duly incorporated by an act of the general assembly of the state of Ohio, and were lawfully engaged in the business of banking, and buying and selling and discounting bills of exchange, of credit, drafts, checks,…
1Opinion of the Court
By the Court, Johnson, J.
The commission was properly issued under the stipulation, and none of the objections taken to the manner of its execution are valid. The names of the commissioners were subscribed to each sheet of the depositions taken by them, and the exhibit was duly certified in the general certificate.
Several objections were taken on the motion for a nonsuit, to *237the demand and notice of non-payment of the draft or note. But as there was no recovery upon the draft, but only under the money counts in the declaration, for money lent and advanced to the defendant, these questions are…
2Cited by11 opinions
- Morgan v. BellWashington Supreme Court · 1892
- In re the Estate of CallahanNew York Surrogate's Court · 1931
- Schaefer v. WunderleIllinois Supreme Court · 1895
- In re the Estate of WeltonNew York Surrogate's Court · 1931
- In re the Estate of MillerNew York Surrogate's Court · 1937
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