Wilson v. Tesson

Suit against the Bank of the Capital as a corporation, organized in 1854, under the act of 1852, and Andrew Wilson, as a stockholder therein, to recover a debt contracted by the bank, in the course of banking business, in September, 1857.

Answer by Wilson in eight paragraphs, one of which alleged that said Bank of the Capital had never assumed to. comply with the requirements of the act regulating general banking, passed in 1855.

The bank made default. A demurrer to Wilson’s answer was sustained, damages were assessed, and final judgment against the bank and Wilson. Wilson appeals.

The case…