People v. Brewster
New York Supreme Court
This was an action of debt to recover a penalty of 11000 for an alleged contravention of the act prohibiting the cai lying on of banking business by individuals and incorporated companies, unless specially authorised by law, tried at the Erie circuit in April, 1828, before the Hon. John Birdsall, then one of the circuit judges.
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This was an action of debt to recover a penalty of 11000 for an alleged contravention of the act prohibiting the cai lying on of banking business by individuals and incorporated companies, unless specially authorised by law, tried at the Erie circuit in April, 1828, before the Hon. John Birdsall, then one of the circuit judges. The provisions of the act are, “ That it shall not be lawful for any person, association of persons or body corporate to keep any office of deposit for the purpose of discounting promissory notes, or for carrying on any kind of banking business or operations which…
1Opinion of the Court
By the Court,
Sutherland J.
The plaintiff wás properly nonsuited. The discounting of notes alone will not subject an individual or company to the penalty given by the act *500un^er which this suit is brought. The first section provides, “ That it shall not be lawful for any person, association of persons or body corporate, from and after, &c. to keep any °ffice °f deposit for the purpose of discounting promissory notes, or for carrying on any kind of banking business or operations which 'incorporated banks are authorized by law to carry on, or issue any bills or promissory notes, as private…
2Cited by6 opinions
- State ex rel. Goodsill v. WoodmanseeNorth Dakota Supreme Court · 1890
- N.Y. State Loan and Trust Co. v. . HelmerNew York Court of Appeals · 1879
- Blaker v. Hood & KincaidsSupreme Court of Kansas · 1894
- Miller v. Discount Factors, Inc.Appellate Division of the Supreme Court of the State of New York · 1955
- Meserole Securities Co. v. CosmanAppellate Division of the Supreme Court of the State of New York · 1929
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