Leonardsville Bank v. Willard
New York Court of Appeals
Appeal from the Supreme Court. Action upon a promissory note against makers and indorser. The answer set up usury, and it denied .that the plaintiff was a corporation. The trial was before a referee, .on whose report judgment was rendered for the plaintiff, which having, been affirmed at general term, the defendants appealed to this court. The facts are sufficiently stated in the following opinion.
1Opinion of the Court
Denio, Ch. J.
The only questions which remain in this case, since the jury have found against the defence of usury, are, first, whether the plaintiff proved itself to be a corporation ; and secondly, if the proof in that respect was sufficient, whether it was entitled to sue in its corporate name instead of using the name' of its president, as it is permitted to do by the general banking law. >
*5751. The plaintiff gave in evidence the original certificate of incorporation, which was made, executed and acknowledged in the year 1856, in conformity with the sixteenth section of the general banking…
2Cases cited4 opinions
- People v. RathbunNew York Supreme Court · 1839
- Delafield v. KinneyNew York Supreme Court · 1840
- Leavitt v. . BlatchfordNew York Court of Appeals · 1858
- East River Bank v. JudahNew York Court of Common Pleas · 1854