Myers v. Manhattan Bank
Ohio Supreme Court
Error to the common pleas of Lucas county. In the common pleas, the Manhattan Bank sued Myers, and Stephens B. Comstock, in assumpsit, on a note executed by Myers' partner, in the name of the firm of Myers & Co., to Comstock, or order, December 31, 1837, payable at the Manhattan Bank, sixty days after date, for $1,000; which note was indorsed by Comstock, and at its date discounted by the bank. The defendants below pleaded three pleas : I. General issue. II. Specialplea.
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Error to the common pleas of Lucas county. In the common pleas, the Manhattan Bank sued Myers, and Stephens B. Comstock, in assumpsit, on a note executed by Myers' partner, in the name of the firm of Myers & Co., to Comstock, or order, December 31, 1837, payable at the Manhattan Bank, sixty days after date, for $1,000; which note was indorsed by Comstock, and at its date discounted by the bank. The defendants below pleaded three pleas : I. General issue. II. Specialplea. That said bank at the time when, etc., *was a company located and doing business in this state, and that said company, not…
1Opinion of the CourtRanney, J.
On December 31, a. d. 1837, the defendant in error discounted for the plaintiff the promissory note upon which this suit was brought, and which was made payable at their banking house located in the village of Manhattan, in the county of Lucas. The only question presented for our consideration is, was the defendant in error, the plaintiff below, at that time an authorized or unauthorized bank? If the former, the judgment of the court of common picas is correct; if the latter, it is erroneous.
From the bill of exceptions it appears that the defendant in error was incorporated and authorized to…
2Cases cited10 opinions
- Scott v. Detroit Young Men's Society's LesseeMichigan Supreme Court · 1843
- Scott v. JonesSupreme Court of the United States · 1847
- Briggs v. TillotsonNew York Supreme Court · 1811
- New-York Firemen Insurance v. LawrenceCourt for the Trial of Impeachments and Correction of Errors · 1816
- Biddis v. JamesSupreme Court of Pennsylvania · 1814
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