Gifford v. Livingston
New York Supreme Court
On error from the supreme court. Gifford, as president of the Farmer’s Bank of Hudson, an association organized under the act “ to authorize the business of banking,” sued the defendant in error in the supreme court in assumpsit, as maker of a promissory note.
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On error from the supreme court. Gifford, as president of the Farmer’s Bank of Hudson, an association organized under the act “ to authorize the business of banking,” sued the defendant in error in the supreme court in assumpsit, as maker of a promissory note. The declaration, which contained the common counts, stated that the plaintiff prosecuted for and on behalf of the association; and the indebtedness and the promise to pay, as laid, were to the association, no cause of action personal to Gifford being stated. The defendant demurred, and the plaintiff joined in demurrer. The supreme…
1Opinion of the Court
The Chancellor.
In the case of Warner v. Beers, President of the North American Trust and Banking Company, (23 Wend. Rep. 103,) which came before this court during the session of the legislature in the spring of 1840,1 stated at length my reasons for believing that the associations authorized by the general banking law were in fact corporations; that is, that they undoubtedly belonged to the class of artificial but organized bodies, capable of holding property, rights and immunities in common, and of transmitting the same by an artifical succession, which in legal language were called bodies…
2Cases cited13 opinions
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
- Chisholm v. GeorgiaSupreme Court of the United States · 1793
- Bank of Augusta v. EarleSupreme Court of the United States · 1839
- Providence Bank v. BillingsSupreme Court of the United States · 1830
- Bank of United States v. DandridgeSupreme Court of the United States · 1827
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3Cited by26 opinions
- Ford Motor Co. v. Ryan. Ferguson v. Ford Motor Co.Court of Appeals for the Second Circuit · 1950
- Rumsey v. New York & New England R. R.New York Court of Appeals · 1892
- Leavitt v. BlatchfordNew York Supreme Court · 1848
- Sherman v. StoryCalifornia Supreme Court · 1866
- People Ex Rel. Winchester v. . ColemanNew York Court of Appeals · 1892
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