People ex rel. Attorney General v. Utica Insurance
New York Supreme Court
THIS was an information in the nature of a quo warranta, filed by the attorney general against the defendants, for exercising banking privileges, without authority from the legislature. , The defendants were incorporated by an act of the 29th of March, 1816, (sess. 39. c. 52.) and as the questions arising and discussed in this case, related principally to the true construction of the act of incorporation, it becomes necessary to set forth such parts of it, as are material to…
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THIS was an information in the nature of a quo warranta, filed by the attorney general against the defendants, for exercising banking privileges, without authority from the legislature. , The defendants were incorporated by an act of the 29th of March, 1816, (sess. 39. c. 52.) and as the questions arising and discussed in this case, related principally to the true construction of the act of incorporation, it becomes necessary to set forth such parts of it, as are material to the points raised on the argument, and decided by the court. These are as follows: “ Whereas it has been represented to…
1Opinion of the Court
Thompson, Ch. J.
delivered the opinion of the court. The information filed in this case, charges the defendants with engaging in banking operations, without any authority under the act incorporating them, and in violation of the prohibition in the act to restrain unincorporated banking associations. Upon the argument, two questions were raised and discussed; one, involving the general inquiry into the right of the defendants to carry on banking business ; and the oilier, touching the remedy that has been pursued, if no Such right exists. I think it unnecessary to enter at large into an…
2Cited by245 opinions
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- State v. Granville Alexandrian SocietyOhio Supreme Court · 1841
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