Foster v. President of the Essex Bank
Massachusetts Supreme Judicial Court
Assumpsit for 50,000 dollars had and received by the defendants, to the use of Israel Foster, the plaintiff’s testator. The action was entered at the last April term, and at this term the following suggestion was filed, viz.
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Assumpsit for 50,000 dollars had and received by the defendants, to the use of Israel Foster, the plaintiff’s testator. The action was entered at the last April term, and at this term the following suggestion was filed, viz. “ And now William Prescott and Leverett Saltonstall, who were originally retained in this action by the Directors of the Essex Bank, suggest that, since the last term of the Court, the corporation of ‘ the President, Directors and Company of the Essex Bank ’ is dissolved by the expiration of the time limited for its duration, in the act of incorporation; which said act is…
1Opinion of the CourtParker, C. J.
The question arising from the suggestion filed in this action, at the last term in Essex, is, whether the statute of 1819, c. 43, has the force of law with regard to this corporation; so that it is still in existence, for the purpose of suing and being sued, and for other purposes mentioned in the act.
Acts of a legislature, constitutionally organized, are to be presumed constitutional; and it is only when they manifestly infringe some of the provisions of the constitution, or violate the rights of the subject, that their operation and effect can be impeded by the judicial power *226Whenever this…
2Cited by81 opinions
- Campbell v. HoltSupreme Court of the United States · 1885
- Hanscom v. Malden & Melrose Gas Light Co.Massachusetts Supreme Judicial Court · 1914
- People ex rel. Twitchell v. BlodgettMichigan Supreme Court · 1865
- Sturges v. CarterSupreme Court of the United States · 1885
- Sears v. CottrellMichigan Supreme Court · 1858
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