King v. President, Directors, & Co.
Massachusetts Supreme Judicial Court
This action was brought to recover the contents of sundry bills or notes, made and issued by the defendants, of which the follow ing is a specimen, viz.: — “ No. 2062. Dedham Bank, 18 To the Cashier of the Middletown Bank at Middletown. Pay to C. Strong, or bearer, on demand, ten dollars, on account of the President, Directors, and Company, of the Dedham Bank. Dedham, Mass., August 20, 1816. Jab(,z Chickering, Cashier. Willard Gay, Pres’t.”
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This action was brought to recover the contents of sundry bills or notes, made and issued by the defendants, of which the follow ing is a specimen, viz.: — “ No. 2062. Dedham Bank, 18 To the Cashier of the Middletown Bank at Middletown. Pay to C. Strong, or bearer, on demand, ten dollars, on account of the President, Directors, and Company, of the Dedham Bank. Dedham, Mass., August 20, 1816. Jab(,z Chickering, Cashier. Willard Gay, Pres’t.” The declaration contained, besides the common money counts, two counts on each bill or note. The first count alleges that the defendants, at, &c., on,…
1Opinion of the Court
* Curia.
It is very clear that the action cannot be maintained upon the principles of the common law The two counts on which the plaintiff relies set forth an absolute promise, by the defendants, to pay the contents of the bill to the bearer, as in case of a common promissory note; and the bill pro duced in evidence is a draft, or order, on a third person, containing only an implied conditional promise of the defendants to pay, in default of the drawee.
If the defendants had no authority, by their charter, to issue such bills, this might expose them to reprehension or punishment, but could not…
2Cases cited2 opinions
- Green v. BiddleSupreme Court of the United States · 1823
- Foster v. President of the Essex BankMassachusetts Supreme Judicial Court · 1819
3Cited by14 opinions
- Planters' Bank v. SharpSupreme Court of the United States · 1848
- Flint River Steamboat Co. v. FosterSupreme Court of Georgia · 1848
- Inhabitants of Goshen v. Inhabitants of StoningtonSupreme Court of Connecticut · 1822
- City of Bridgeport v. Housatonuc RailroadSupreme Court of Connecticut · 1843
- Forster v. ForsterMassachusetts Supreme Judicial Court · 1880
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