President of Hallowell & Augusta Bank, Inc. v. Howard
Massachusetts Supreme Judicial Court
Trespass for breaking and entering the close of the plaintiffs, being the building where their banking business * is transacted, and taking and carrying away 1000 Spanish milled dollars, the property of the plaintiffs. Trial was had upon the general issue before Thatcher, J., at the last October term in this county.
Read the full summary
Trespass for breaking and entering the close of the plaintiffs, being the building where their banking business * is transacted, and taking and carrying away 1000 Spanish milled dollars, the property of the plaintiffs. Trial was had upon the general issue before Thatcher, J., at the last October term in this county. It appeared in evidence that one Nathan Bond, on the 28th of February, 1815, sued out a writ of attach ment against “ The President, Directors, and Company, of the Hallowell and Augusta Bank,” returnable to the Boston Court of Common Pleas at the following May term, for the…
1Opinion of the CourtParker, C. J.
It being apparent that the legislature has created two distinct and independent corporations by one and the same name, viz., “ The President, Directors, and Company, of the Hallowell and Augusta Bank,” it is clear that one is no more answerable for the debts of the other, than an individual would be for the debts of another who happened to have the same name and personal description.
It follows that an execution or precept intended for one, if served upon the other, is illegally served ; and the officer making the service, and the creditor directing it, are trespassers, (a)
The ignorance of the…
2Cited by2 opinions
- O'Shaughnessy v. BaxterMassachusetts Supreme Judicial Court · 1877
- Cutrona v. SicardMassachusetts District Court, Appellate Division · 1936