Bristol v. Barker
New York Supreme Court
THIS was an action brought to recover the penalty given to the second section of the act of the 6th April, 1813, banking . 7 . (2 An act to prevent the passing and receiving of bank notes ¿ess ex-£ o o the nominal value of one dollar, and to restrain unincorporated hanking associations.
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THIS was an action brought to recover the penalty given to the second section of the act of the 6th April, 1813, banking . 7 . (2 An act to prevent the passing and receiving of bank notes ¿ess ex-£ o o the nominal value of one dollar, and to restrain unincorporated hanking associations. The cause was tried before his honour the chief justice, at the KewYork sittings, in April, 1816. At the trial, Walter Morton, cashier of the Exchange Bank, in the city of Kew-York, was examined as a witness on the part of the plaintiff, who testified, that in the month of April, 1&Í 5, Jacob Barker, the…
1Opinion of the Court
Thompson, Ch. J.,
delivered the opinion of the court. The only question in this case is, whether the act to restrain unincorporated associations, (2 N. R. L. 234.) applies to an individual, who may alone, and on his own credit and account, carry on banking operations. The act declares, that no person unauthorized by law, shall subscribe to, or become a member of, any association, institution, or company, or proprietor of any bank or fund, for the purpose of issuing notes, &c., or transacting the usual business of incorporated banks ; and any person, unauthorized by law, as aforesaid, who shall…
2Cited by3 opinions
- State v. ScougalSouth Dakota Supreme Court · 1892
- New York Firemen Insurance v. SturgesNew York Supreme Court · 1824
- Commonwealth v. VroomanSupreme Court of Pennsylvania · 1894