Clark v. Metropolitan Bank
The Superior Court of New York City
This action was brought to recover a penalty of $1000 for an alleged violation, by the defendants, of the act entitled “ An Act concerning Foreign Bank Notes, passed 'Tth May, 1839.” The first section of the act is as follows: “ § 1. From and after the passage of this Act, it shall be unlawful for any incorporated banking institution within this State, and for any association, or any individual or individuals, authorized to carry on the business of banking by virtue of the…
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This action was brought to recover a penalty of $1000 for an alleged violation, by the defendants, of the act entitled “ An Act concerning Foreign Bank Notes, passed 'Tth May, 1839.” The first section of the act is as follows: “ § 1. From and after the passage of this Act, it shall be unlawful for any incorporated banking institution within this State, and for any association, or any individual or individuals, authorized to carry on the business of banking by virtue of the Act entitled, ‘An Act to authorize*the business of banking, passed the 18th day of April, 1838,’ to receive, pay out,…
1Opinion of the CourtBy the Court. Oakley, C. J.
We are all of opinion that upon the facts 'proved upon the trial, the defendants are not chargeable with a violation of the provisions of the Act of 1839, and are, therefore, not liable for the penalty demanded.
It may be admitted that the bill or note of the Bank of Charleston was, in its term and purport, exactly such, as the Act describes, and its reception by the teller an offence against the provisions of the statute; still, unless his offence must, in judgment of law, be imputed to the defendants, this action cannot be maintained; and we are satisfied that such an imputation, in a case…
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