Legal Opinion

Taylor v. Bruen

New York Court of Chancery

Decided May 4, 1847PublishedCited by 4 opinions

This was an appeal by Herman Bruen, one of the defendants in this cause, from an order of the vice chancellor of the first circuit, denying an application to dissolve an injunction The facts, as stated in the complainant’s bill, were substantially as follows: Bruen, the appellant, was the president and agent of the Commercial Bank of New Jersey.

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This was an appeal by Herman Bruen, one of the defendants in this cause, from an order of the vice chancellor of the first circuit, denying an application to dissolve an injunction The facts, as stated in the complainant’s bill, were substantially as follows: Bruen, the appellant, was the president and agent of the Commercial Bank of New Jersey. And as such president and agent, he was in the habit of attending at certain known places in the city of New-York, with the funds of that foreign banking corporation, to discount notes for its use and benefit. In May, 1845, the complainant made his…

1Opinion of the Court

The Chancellor.

If the charges in the complainant’s bill are true, the discounting of this note by Bruen, as the president and agent of the Commercial Bank of New Jersey, was not a single or isolated transaction; but it was in violation of the provisions of the laws of this state against unauthorized banking. And the complainant and his endorsers have a good legal defence to the suit, upon such note; which suit has been brought for the benefit of the bank. The sixth section of the title of the revised statutes relative to unauthorized banking, (1 R. S. 712,) applied to foreign corporations, as…

2Cited by4 opinions

  1. Phœnix v. DupuyNew York Court of Common Pleas · 1877
  2. Glenney v. StedwellNew York Court of Appeals · 1876
  3. Corbett v. De ComeauThe Superior Court of New York City · 1878
  4. Corbett v. De ComeauThe Superior Court of New York City · 1878

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