People v. Bartow
New York Supreme Court
On demurrer to the declaration. This was in debt for *2,000. The first count recited the statute passed April 21si, 1818, which enacted, that it should not be lawful for any person, association of persons, or body corporate, from and after the first day of August then next, to keep any office of deposit for the purpose of discounting promissory notes, or for carrying on any kind of banking business or operations, which incorporated banks are authorized by law to carry on ;…
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On demurrer to the declaration. This was in debt for *2,000. The first count recited the statute passed April 21si, 1818, which enacted, that it should not be lawful for any person, association of persons, or body corporate, from and after the first day of August then next, to keep any office of deposit for the purpose of discounting promissory notes, or for carrying on any kind of banking business or operations, which incorporated banks are authorized by law to carry on ; unless thereunto specially authorized by law. And that in case any person or persons, or body corporate, should…
1Opinion of the Court
Curia, per
Woodworth, J.
It is objected that the first count is defective, for two reasons ; 1. Because it does not appear that the defendant has contravened all the provisions in the first section of the act; 2. Because the of-fence charged is not alleged to have been committed against the form of the statute.
As to the first, it may be observed, that although a penal statute is to be construed strictly, the court are not to disregard the plain intent of the legislature. Among other things, it is well settled, that a statute which is made for the good of the public, ought, although it be penal,…
2Cited by13 opinions
- Meadowcroft v. PeopleIllinois Supreme Court · 1896
- State ex rel. Goodsill v. WoodmanseeNorth Dakota Supreme Court · 1890
- Blaker v. Hood & KincaidsSupreme Court of Kansas · 1894
- In re ProsoleNevada Supreme Court · 1910
- MacLaren v. StateWisconsin Supreme Court · 1910
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