Delafield v. Kinney
New York Supreme Court
Demurrer to declaration. The first count is as follows: John Delafield, of the city of N. Y., plaintiff in this suit, by E. S. V., his attorney, complains of George _/V. Kinney, president of the Erie County Bank, an association formed under the laws of this state entitled “ an act to authorize the business of banking,” passed April 18th, 1838, and doing business at Buffalo, defendants in this suit, in a plea of trespass on the case upon promises pursuant to the statute : for…
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Demurrer to declaration. The first count is as follows: John Delafield, of the city of N. Y., plaintiff in this suit, by E. S. V., his attorney, complains of George _/V. Kinney, president of the Erie County Bank, an association formed under the laws of this state entitled “ an act to authorize the business of banking,” passed April 18th, 1838, and doing business at Buffalo, defendants in this suit, in a plea of trespass on the case upon promises pursuant to the statute : for that whereas the said Erie County Bank on the 10th July, 1839, at Buffalo, to wit, at, &c., made a certain note in…
1Opinion of the Court
By the Court,
Bronson, J.
Corporations formed under the general banking law may, like other bodies politic, sue and be sued by their original corporate names. True, the statute provides that suits by or on behalf of the association may be brought in the name of the president thereof; and that persons having demands against the association may maintain actions against the president. Statutes 1838, p. 250, § 21, 22. But there are no negative words, nor any thing going to take away either the right or the liability which the law attaches to every person, whether natural or artificial, to sue and…
2Cited by15 opinions
- National Bank v. . Van DerwerkerNew York Court of Appeals · 1878
- Gould v. GlassNew York Supreme Court · 1855
- Gould v. GlassNew York Supreme Court · 1855
- Leonardsville Bank v. . WillardNew York Court of Appeals · 1862
- East River Bank v. JudahNew York Court of Common Pleas · 1854
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