New-York Firemen Insurance Co. v. Ely
Supreme Court of Connecticut
This was an action of assumpsit against the defendants as indorsers of a promissory note, made by Sturges & Sherman, for 3,450 dollars, dated in the city of New-York, July 6th, 1819, payable to the order of the defendants, ninety days after date. The declaration stated, that the plaintiffs were a company, duly incorporated, by the laws of the state of New-York, and authorized to sue and be sued, implead and be impleaded, by their corporate name.
Read the full summary
This was an action of assumpsit against the defendants as indorsers of a promissory note, made by Sturges & Sherman, for 3,450 dollars, dated in the city of New-York, July 6th, 1819, payable to the order of the defendants, ninety days after date. The declaration stated, that the plaintiffs were a company, duly incorporated, by the laws of the state of New-York, and authorized to sue and be sued, implead and be impleaded, by their corporate name. The cause was tried at Fairfield, December term, 1822, before Chapman, J. On the 2nd of March, 1810, the legislature of the state of New-York passed…
1Opinion of the Court
Hosmer, Ch. J.
In the opinion now to be expressed, a recurrence to the questions of usury, (b) and the law of New-York, denominated "the restraining act,” is unnecessary.
I have come, most satisfactorily, to the result, that the note in question is void, for deficiency of right in the plaintiffs, as well as in the former corporation, to loan money on the discount of notes.
The plaintiffs are a corporation, created by the legislature of New-York. As early as the year 1810, a number of persons were incorporated as an insurance company; and afterwards, in the year 1818, their charter was…
2Cited by39 opinions
- Zottman v. City & County of San FranciscoCalifornia Supreme Court · 1862
- McCracken v. City of San FranciscoCalifornia Supreme Court · 1860
- Thames Manufacturing Co. v. LathropSupreme Court of Connecticut · 1829
- Catlin v. Eagle Bank of New-HavenSupreme Court of Connecticut · 1826
- City Council of Montgomery v. Montgomery & Wetumpka Plank-Road Co.Supreme Court of Alabama · 1857
34 more not listed; retrieve them via the Exa API.