Leavitt v. . Blatchford
New York Court of Appeals
Appeal from the Supreme Court. The action was commenced May 6, 1843, in the late Court of Chancery, by David Leavitt, receiver of the North American Trust and Banking Company, an association organized under the general law of 1838 to authorize the business of banking.
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Appeal from the Supreme Court. The action was commenced May 6, 1843, in the late Court of Chancery, by David Leavitt, receiver of the North American Trust and Banking Company, an association organized under the general law of 1838 to authorize the business of banking. The general history of that association is stated in Curtis v. Leavitt (15 N. Y., 16-42). The transactions out of which this suit arose were nearly contemporaneous and somewhat connected with those there described; and reference is made to that statement for an account of the course of dealings and financial situation of the…
1Dissent
One of the points made by the appellant's counsel in this case is, that the trust deed in question is void, because not authorized by a previous resolution of the board of directors, as required by section 8, article 1, of the statute concerning "moneyed corporations." (1 R.S., 589.) Upon the second argument of the cause, this point, which depends primarily upon the question whether the provisions of that statute apply to banking corporations organized under the law of 1838, was elaborately discussed, and our first inquiry will be, whether this can properly be regarded as an open question.
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2Cases cited3 opinions
- Curtis and Others v. . LeavittNew York Court of Appeals · 1857
- Gillett v. CampbellCourt for the Trial of Impeachments and Correction of Errors · 1845
- Howland v. WoodruffNew York Court of Appeals · 1875