Stetson v. City Bank
Ohio Supreme Court
*Error to the late Supreme Court in Hamilton county. On the 4th of August, 1848, the City Bank of New Orleans commenced an action against Charles Stetson, in the Commercial Court of Cincinnati.
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*Error to the late Supreme Court in Hamilton county. On the 4th of August, 1848, the City Bank of New Orleans commenced an action against Charles Stetson, in the Commercial Court of Cincinnati. The form of action was debt, and the defendant was sued as one of several sureties of Enoch Hyde, on a bond given by Hyde as principal, in §25,000, and by the sureties in §25,000 each, of which the following was the condition “Whereas, The above-bounderi Enoch Hyde, Jr., has been appointed and elected cashier of the branch of the City Bank, established at Natchitoches; now the consideration of this…
1Opinion of the CourtRanney, J.
The first claim of the plaintiff in error is, that the court erred in overruling the motion for a new trial, and entering judgment for the plaintiff below, after its corporate existence had ceased. To this it is answered that the judgment may relate to the first day of the term, which was in January preceding, and be-thus upheld upon common-law principles; but, if this can not be done, that by our own laws, then and still in force, tho judgment might lawfully have been rendered, and may still be collected, for the benefit of *the assignees of the City Bank. To lay a foundation for the…
2Cases cited4 opinions
- Toombs v. StoneCourt of Appeals of Kentucky · 1859
- State v. RackleyIndiana Supreme Court · 1829
- Hotchkiss v. LyonIndiana Supreme Court · 1829
- Longenecker v. HydeSupreme Court of Pennsylvania · 1813