Bank of Havana v. . Magee
New York Court of Appeals
Appeal from the Supreme Court. The plaintiff had judgment there in an action for equitable relief. On the trial it appeared that there was no corporation of the name of The Bank of Havana, but that Charles Cook carried on a banking business under that name as an individual banker, at the village of Havana, then in the county of Chemung, having complied with the provisions of the statutes on that subject; and that the cause of action accrued to him out of transactions in the…
Read the full summary
Appeal from the Supreme Court. The plaintiff had judgment there in an action for equitable relief. On the trial it appeared that there was no corporation of the name of The Bank of Havana, but that Charles Cook carried on a banking business under that name as an individual banker, at the village of Havana, then in the county of Chemung, having complied with the provisions of the statutes on that subject; and that the cause of action accrued to him out of transactions in the course of that business. The objection was then taken that no judgment could bé given in the case for the want of a…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The judgment was sustained at the general term of the Supreme Court, on the grounds: 1. That the plaintiff was a corporation sole; and 2. If this were not so, that the defendant was concluded by the pleadings from denying the plaintiff's corporate character. I am of opinion that it cannot be upheld upon either of these positions. The associations formed under the general banking law have been adjudged to be corporations on account of certain corporate attributes…
2Cases cited2 opinions
- Davis v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1856
- Codd v. . RathboneNew York Court of Appeals · 1859
3Cited by56 opinions
- Klopstock v. Superior CourtCalifornia Supreme Court · 1941
- Ward v. . PetrieNew York Court of Appeals · 1898
- Valz v. Sheepshead Bay Bungalow Corp.New York Court of Appeals · 1928
- Walsh v. Washington Marine InsuranceNew York Court of Appeals · 1865
- Ullman v. . CameronNew York Court of Appeals · 1906
51 more not listed; retrieve them via the Exa API.