Utica Insurance v. Bloodgood
New York Supreme Court
Motion to set aside report of referees. The declaration was on a promissory note, dated April 28th, 1818, for $1900, drawn by the defendant, payable six months after date to C. C. B. and endorsed by him, and also on the money counts.
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Motion to set aside report of referees. The declaration was on a promissory note, dated April 28th, 1818, for $1900, drawn by the defendant, payable six months after date to C. C. B. and endorsed by him, and also on the money counts. At the hearing before the referees the note was proved, and a stipulation, dated August 26, 1824, signed by the defendant, was produced, in the following words: “ Whereas the Utica Insurance Company hold my note, dated April 28, 1818, endorsed by C. C. B., for $1900, now therefore I hereby agree not to plead the statute of limitations in a prosecution for any…
1Opinion of the Court
By the Court,
Sutherland, J.
It was decided in the case of The People v. The Utica Insurance Company, (15 Johns. R. 358,) that the act of incorporation did not confer upon the company banking powers, and in The Utica Insurance Company v. Scott, (19 Johns. R. 1,) it was held as it had also been in the previous case, that the restraining act, (2 R. L. 134, § 2) was applicable to incorporated companies, as well as other associations, or individuals who carried on banking operations without legal authority; and that the notes and securities given to this company for the purpose of being discounted,…
2Cited by41 opinions
- Curtis and Others v. . LeavittNew York Court of Appeals · 1857
- Shapley v. . AbbottNew York Court of Appeals · 1870
- Morville v. American Tract SocietyMassachusetts Supreme Judicial Court · 1877
- Crane v. FrenchMississippi Supreme Court · 1860
- State Loan & Trust Co. v. CochranCalifornia Supreme Court · 1900
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