The People v. . Doty
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, in favor of defendant, entered upon an order denying a motion for a new trial and directing judgment on a nonsuit. The nature of the action of the facts appear in the opinion. The right of hanking at common law belonged to the individual, and might be exercised by him in all its various relations, as any trade or occupation.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, in favor of defendant, entered upon an order denying a motion for a new trial and directing judgment on a nonsuit. The nature of the action of the facts appear in the opinion. The right of hanking at common law belonged to the individual, and might be exercised by him in all its various relations, as any trade or occupation. (Bank of Augusta v. Earl, 13 Peters, 519-596; Attorney-General v. Utica Ins. Co., 2 Johns. Chy., 371-377; Curtiss v. Leavitt, 15 N. Y., 9-80; Morse on Banking, 1; Cleveland’s…
1Opinion of the CourtFolgee, J.
This is an action brought by the People of the State of New York, to recover of the defendant a large sum as penalties, for putting forth the sign of a savings bank. It appears in proof, that by the defendant's direction, there was placed, in plain sight, on the outside of the building which he owned and occupied, and in which he and one Warner did a banking business, the words “B. Doty’s Savings Bank; ” that he and Warner did their banking business under the name of “ The Farmers’ Bank of Batavia,”- and in that business received deposits of money from, divers customers, discounted notes,…
2Cases cited2 opinions
- Curtis and Others v. . LeavittNew York Court of Appeals · 1857
- Miner v. President & Trustees of FredoniaNew York Court of Appeals · 1863
3Cited by22 opinions
- People Ex Rel. Nelson v. Wiersema State BankIllinois Supreme Court · 1935
- Knass v. Madison & Kedzie State BankIllinois Supreme Court · 1933
- Perkins v. . SmithNew York Court of Appeals · 1889
- Wedesweiler v. BrundageIllinois Supreme Court · 1921
- Reed v. People ex rel. HuntIllinois Supreme Court · 1888
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