Legal Opinion

President of the Michigan State Bank v. Hastings

Michigan Supreme Court

Decided January 15, 1844PublishedCited by 72 opinions

Appeal from tbe Court of Chancery. The complainants filed their original bill in the Court below, against Eurotas P. Hastings alone, setting forth the following facts: In 1839, the complainants were indebted to the state of Michigan, in the sum of $500,000, or thereabouts; and, in February of the same year, became embarrassed, and stopped payment.

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Appeal from tbe Court of Chancery. The complainants filed their original bill in the Court below, against Eurotas P. Hastings alone, setting forth the following facts: In 1839, the complainants were indebted to the state of Michigan, in the sum of $500,000, or thereabouts; and, in February of the same year, became embarrassed, and stopped payment. In February, 1840, the legislature passed an act authorizing the Auditor General, State Treasurer, and Secretary of State, for the time being, to settle with the bank upon such terms as they might deem equitable, and appointing them commissioners…

1Opinion of the CourtWhipple, J.

The demurrer in this case is general, and puts in issue the right of the complainants to an answer upon the case made by the bill.

1. In suppoft of the demurrer it is contended, that, by the “ Act to annul the corporate rights of Certain banks and for other purposes,” approved February 16, 1842, (S. L. 1842, p. 56,) the charter of the Michigan State Bank was Unconditionally repealed, and that, therefore, the Court below had no jurisdiction of the Case, there being, in fact, no such corporation as the Michigan State Bank. Whether the complainants had a legal existence after the date *234of this…

2Cases cited2 opinions

  1. Hussey v. ThorntonMassachusetts Supreme Judicial Court · 1808
  2. D'Wolf v. BabbettU.S. Circuit Court for the District of Rhode Island · 1826

3Cited by72 opinions

  1. Goodrich v. . McDonaldNew York Court of Appeals · 1889
  2. Rooney v. . Second Avenue Railroad CompanyNew York Court of Appeals · 1858
  3. Blanchard v. Detroit, Lansing & Lake Michigan RailroadMichigan Supreme Court · 1875
  4. In the Matter of the Application of KnappNew York Court of Appeals · 1881
  5. Imperial Sugar Co. v. CabellCourt of Appeals of Texas · 1915

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