Mechanics' Bank v. New York & New Haven Rail Road
The Superior Court of New York City
This action came before the court, on an appeal from a judgment in favor of tbe plaintiffs, upon a trial bad before Boswortb, J., without a jury. The pleadings in the action, omitting its title, and their verification, are as follows: The said plaintiffs state that they are a corporation, duly incorporated by the laws of the state of New York, and that their office and banking-house for the transaction of their business is in the city of New York.
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This action came before the court, on an appeal from a judgment in favor of tbe plaintiffs, upon a trial bad before Boswortb, J., without a jury. The pleadings in the action, omitting its title, and their verification, are as follows: The said plaintiffs state that they are a corporation, duly incorporated by the laws of the state of New York, and that their office and banking-house for the transaction of their business is in the city of New York. The plaintiffs further state, that the defendants are a corporation duly incorporated by the laws of the state of Connecticut, and recognized as a…
1Opinion of the Court
Tbe case was kept under advisement until tbe 17tb of June, 1856, wben tbe following opinion was delivered, in wbicb, it is understood, all tbe justices of tbe Court of Appeals, wbo beard tbe argument, concurred.
Comstock, J.
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Tbis is an action for damages founded on a certificate for eighty-five shares of stock in tbe defendants’ corporation, issued to Alexander Kyle, upon tbe security of wbicb tbe plaintiffs loaned to tbat person a sum of money; and tbe first inquiry naturally is, wbat was tbe force and effect of tbe certificate in bis bands ? Tbe mode of presenting tbis inquiry most favorable…
2Cases cited9 opinions
- Commercial Bank v. KortrightCourt for the Trial of Impeachments and Correction of Errors · 1839
- Union Bank of Georgetown v. LairdSupreme Court of the United States · 1817
- Covill v. Hill & SanfordNew York Supreme Court · 1847
- Kortright v. Buffalo Commercial BankNew York Supreme Court · 1838
- Stoney v. American Life InsuranceNew York Court of Chancery · 1845
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