Binney v. Plumley
Supreme Court of Vermont
This was an action of Assumpsit, commenced before a Justice of the Peace, and came up to the County Court by appeal, at the May Term, 1832. The plaintiff’s filed the fallowing declaration: “ In a plea of the case, for that the defendant at Barre, in the County of Washington, and State of Vermont, on the eleventh day of September, one thousand eight hundred and nineteen, by his note in writing, under his hand of that date, for value received, promised to pay the said Amos…
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This was an action of Assumpsit, commenced before a Justice of the Peace, and came up to the County Court by appeal, at the May Term, 1832. The plaintiff’s filed the fallowing declaration: “ In a plea of the case, for that the defendant at Barre, in the County of Washington, and State of Vermont, on the eleventh day of September, one thousand eight hundred and nineteen, by his note in writing, under his hand of that date, for value received, promised to pay the said Amos Binney and John Broadhead, plaintiffs, and their successors, Trustees of the New Market and Kingston Wesleyan Accademy, or…
1Opinion of the Court
The opinion of the Court was pronounced by
Baylies, J.
It is contended, that this action should have been brought in the name of the corporation of ‘New-Marhet and Kingston Wesleyan Academy,’ and not in the names of the plaintiffs. But it does not appear, that there is a corporation of that name : We know of none in this State ; and if one exists in Massachusetts, where the plaintiffs reside, the defendant should show it, by producing the act of incorporation, or by other legal evidence. This Court, without evidence, will not presume the existence of such a corporation. But admitting there is…
2Cited by9 opinions
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