United States Bank v. Stearns
New York Supreme Court
This was an action of assumpsit, tried at the Erie circuit in March, 1834, before the Hon. Addison G ardiner, one of the circuit judges. The plaintiffs claimed to recover a sum of money overpaid to the defendant, on the presentment by him of certain checks. The teller of the bank testified that by mistake he overpaid the defendant $100, on checks drawn upon the cashier of the United States Branch Bank,at Buffalo.
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This was an action of assumpsit, tried at the Erie circuit in March, 1834, before the Hon. Addison G ardiner, one of the circuit judges. The plaintiffs claimed to recover a sum of money overpaid to the defendant, on the presentment by him of certain checks. The teller of the bank testified that by mistake he overpaid the defendant $100, on checks drawn upon the cashier of the United States Branch Bank,at Buffalo. On his cross-examination he stated that he had given a bond to the bank, with sureties, for the correct discharge of his duties. He was objected to, as an incompetent witness, but…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The first point now raised by the defendant is, that there was no evidence of the existence of the corporation. It has been often decided in this court, that upon the plea of the genera! issue to an action by a corporation, such corporation must prove its legal existence. The least proof which has been held sufficient is the production of an exemplification of the act incorporating the plaintiffs, and evidence of user, under their charter. 1 Wendell, 555. In one case it was held that the act of incorporation might be read from the statute book, printed by the…
2Cases cited1 opinion
- Utica Insurance v. TilmanNew York Supreme Court · 1828
3Cited by22 opinions
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- Eaton v. WalkerMichigan Supreme Court · 1889
- Adams v. Board of Trustees of Internal Improvement FundSupreme Court of Florida · 1896
- Bergeron v. HobbsWisconsin Supreme Court · 1897
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