Utica Insurance v. Kip
Court for the Trial of Impeachments and Correction of Errors
On demurrer to the defendant’s plea. The second count the declaration was for $10,000, money lent. The secon(j p]ea to this count, was, except as to the sum of $2,965, -* # * x « « # parcel of the $10,000, non assumpsit And aS to the $2,965 that theplaintiffs, before the lending, unauthorized by law, and contrary to the statute in such case made and provided, did subscribe to, and become members of an ássociati°n? institution or company, and became proprietors of a bank or…
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On demurrer to the defendant’s plea. The second count the declaration was for $10,000, money lent. The secon(j p]ea to this count, was, except as to the sum of $2,965, -* # * x « « # parcel of the $10,000, non assumpsit And aS to the $2,965 that theplaintiffs, before the lending, unauthorized by law, and contrary to the statute in such case made and provided, did subscribe to, and become members of an ássociati°n? institution or company, and became proprietors of a bank or fund, for the purpose of issuing"hotes and receiving deposits, making discounts and transacting all other business which…
1Opinion of the Court
Curia, per Woodworth, J.
The plaintiffs, cpntend, 1. That the restraining act.does, not extend to. apy. incorporated company 2. If it. does so extend, on.the,ground that a body corporate is.in law a person, it does.not affect the, incorporated company as, such) unless it.has, as such, become.a subscriber ; 3. That the restraining act does npt .reach incorporations in general.; and.especially it.does not extend, to the Utica Insurance Company, because the provisions of their charter- are, sufficient to take them, out of that act; 4, That if the. preceding propositions cannot, be maintained, the…
2Cases cited1 opinion
- Utica Insurance v. ScottNew York Supreme Court · 1821
3Cited by18 opinions
- Curtis and Others v. . LeavittNew York Court of Appeals · 1857
- Tracy v. . TalmageNew York Court of Appeals · 1856
- Pratt v. . ShortNew York Court of Appeals · 1880
- N.Y. State Loan and Trust Co. v. . HelmerNew York Court of Appeals · 1879
- Peck v. . BurrNew York Court of Appeals · 1851
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