Prince v. Commercial Bank
Supreme Court of Alabama
Error to the Circuit Court of Mobile. THIS action was brought by the defendant in error, against the plaintiffs in error, as the acceptors of a bill of exchange. Under the issue joined, on the plea of non assumpsit, the plaintiff below had judgment.
Read the full summary
Error to the Circuit Court of Mobile. THIS action was brought by the defendant in error, against the plaintiffs in error, as the acceptors of a bill of exchange. Under the issue joined, on the plea of non assumpsit, the plaintiff below had judgment. The case is brought here by writ of error upon a bill of exceptions taken to the opinion of the Court, that it was not necessary for the plaintiff below, to prove the corporate character of the bank. — cited Lucas v. The Bank of Georgia; 2 Stewart 154: 2d Lord Raymond 1532, 8th John’s. Rep. 373: 14th ibid. 416: 19th ibid. 300: 7th Wendell 541: 8th…
1Opinion of the CourtOrmond, J.
— ‘There has been great contrariety of decision, on the point presented in this case, and names of equal weight, appear to be arrayed on both sides of the question. We must, therefore, decide the question on principle. Applying the well established rules of pleading to the question, there would not appear to be much difficulty ill it. There is no rule of pleading *242more universal, than that, by pleading to the merits, the defendant admits the capacity of the plaintiff to sue; and no reason is perceived why a corporation should be placed on a different, fooling in this particular, from a natural…
2Cases cited5 opinions
- Langdon v. PotterMassachusetts Supreme Judicial Court · 1814
- President, Directors, & Co. of the Bank of Auburn v. Weed & AikenNew York Supreme Court · 1822
- Worsham v. GoarSupreme Court of Alabama · 1837
- Carpenter & Rose v. WhitmanNew York Supreme Court · 1818
- Lucas v. Bank of GeorgiaSupreme Court of Alabama · 1829
3Cited by10 opinions
- Montgomery Rail Road v. HurstSupreme Court of Alabama · 1846
- Walker v. Mobile Marine Dock & Mutual InsuranceSupreme Court of Alabama · 1858
- City of Prichard v. GearySupreme Court of Alabama · 1958
- McIntire v. PrestonIllinois Supreme Court · 1848
- Tilson v. GrahamSupreme Court of Alabama · 1922
5 more not listed; retrieve them via the Exa API.