Wyman v. President of Hallowell & Augusta Bank
Massachusetts Supreme Judicial Court
The plaintiff declared in assumpsit, “ for that the said corporation at Boston, on the 1st of January, 1814, by sundry promissory notes or bank bills, made in the name of the said corporation, and subscribed by Benjamin J. Porter, their president, among other things, for value received, promised sundry persons to pay them, or bearer, sundry sums of money, a schedule whereof is hereto annexed, amounting in the whole to the sum of 2000 dollars ; and the said corporation, by…
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The plaintiff declared in assumpsit, “ for that the said corporation at Boston, on the 1st of January, 1814, by sundry promissory notes or bank bills, made in the name of the said corporation, and subscribed by Benjamin J. Porter, their president, among other things, for value received, promised sundry persons to pay them, or bearer, sundry sums of money, a schedule whereof is hereto annexed, amounting in the whole to the sum of 2000 dollars ; and the said corporation, by their officers and agents, did issue and put the said bills in circulation, and the same bills afterwards lawfully came to…
1Opinion of the CourtParker, C. J.
This case is to be considered without reference to any particular form of action, so that if a declaration in assumpsit could be formed, which could be supported by the evidence offered by the plaintiff at the trial, giving it its utmost weight, and without regard to any evidence of a contrary tendency, which the defendants might be in possession of, a new trial is to be had, with leave to form a declaration accordingly.
We have considered the case in this liberal and extensive view, ■and are satisfied that no action can be maintained against the present defendants, upon the notes which were…
2Cases cited1 opinion
- President of the Salem Bank v. President of the Gloucester BankMassachusetts Supreme Judicial Court · 1820
3Cited by12 opinions
- State v. WardSupreme Court of Vermont · 1888
- Board of Commissioners of Tippecanoe Co. v. Lafayette, Muncie, & Bloomington RailroadIndiana Supreme Court · 1875
- President of the Salem Bank v. President of the Gloucester BankMassachusetts Supreme Judicial Court · 1820
- Thompson v. McKeeSupreme Court Of The Territory Of Dakota · 1888
- Allen v. North Des Moines Methodist Episcopal ChurchSupreme Court of Iowa · 1905
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