Hunt v. Van Alstyne
New York Supreme Court
Demurrer to pleas. The declaration in this case commences in these words: “ Washington Hunt, president of *the Lockporfc [ *606 ] Bank and Trust Company, plaintiff in this suit, by Isaac C. Col-ton, his attorney, complains of Hiram Baker, Peter Van Alstyne, and Peter Sharpe, defendants, in this suit, &c., for that whereas on, &c., at, &c., the said Hiram Baker made his certain bill of exchange in writing, bearing date, &c., and then and there directed the same to the said…
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Demurrer to pleas. The declaration in this case commences in these words: “ Washington Hunt, president of *the Lockporfc [ *606 ] Bank and Trust Company, plaintiff in this suit, by Isaac C. Col-ton, his attorney, complains of Hiram Baker, Peter Van Alstyne, and Peter Sharpe, defendants, in this suit, &c., for that whereas on, &c., at, &c., the said Hiram Baker made his certain bill of exchange in writing, bearing date, &c., and then and there directed the same to the said defendants Peter Van Alstyne and Peter Sharpe, by the name of Van Alstyne & Sharpe, and requested them forty days after…
1Opinion of the Court
After advisement, the following opinions were delivered :
By the Chief Justice.
The object of the special pleas is to put on the récord the question of fact, whether or not the general banking law of 1838, was enacted by a two-third *vote, within the ninth [ *608 ] section of the seventh article of the constitution ; and if not so passed, whether it can be upheld as a valid statute.
All the pleas are defective in point of form, and even if the principle up-, on which the pleader has sought to place the defence should be conceded as conclusive in his favor, they are in other ■ respects bad in point…
2Cases cited5 opinions
- Warner & Ray v. BeersCourt for the Trial of Impeachments and Correction of Errors · 1840
- Thomas v. DakinNew York Supreme Court · 1839
- Miller v. MaxwellNew York Supreme Court · 1836
- Van Ness v. ForrestSupreme Court of the United States · 1814
- Delafield v. KinneyNew York Supreme Court · 1840
3Cited by4 opinions
- Sherman v. StoryCalifornia Supreme Court · 1866
- The People v. . the Supervisors of ChenangoNew York Court of Appeals · 1853
- Auditor v. HaycraftCourt of Appeals of Kentucky · 1878
- State ex rel. Attorney General v. PlattSupreme Court of South Carolina · 1870