President of the Bank of Manchester v. Allen
Supreme Court of Vermont
This was an action of assumpsit against the defendant as indorser of a promissory note. The declaration described the note as bearing date March 27, 1827. The defendant pleaded first, the general issue, and second, a special plea in bar “ that there never was in existence any “ such person or corporation as the said supposed President, “ Directors & Company of the Bank of Manchester.”
Read the full summary
This was an action of assumpsit against the defendant as indorser of a promissory note. The declaration described the note as bearing date March 27, 1827. The defendant pleaded first, the general issue, and second, a special plea in bar “ that there never was in existence any “ such person or corporation as the said supposed President, “ Directors & Company of the Bank of Manchester.” The issues upon said pleas were put to the court by agreement of the parties. ' The plaintiffs, in support of their declaration, offered anote like that described in the declaration, excepting that it was dated…
1Opinion of the Court
The opinion of the Court was delivered by
Williams, Ch. J.
It is not considered in this stale that a corporation plaintiff is obliged to produce their charter in evidence on trial of the general issue. The defendant may deny the existence of a corporation by a special plea, either in abatement, or bar. The plea in bar in this case was traversed, and it was necessary for the plaintiffs to prove their existence as a corporation. The plea of the general issue admitted nothing which should be proved under the other plea. The question is, whether the evidence was sufficient for that purpose, and it…
2Cited by9 opinions
- Chesapeake & Ohio Ry. Co. v. Deepwater Ry. Co.West Virginia Supreme Court · 1905
- Vermont & Canada Railroad v. Vermont Central RailroadSupreme Court of Vermont · 1861
- West Winsted Savings Bank & Building Ass'n v. FordSupreme Court of Connecticut · 1858
- Litchfield Bank v. ChurchSupreme Court of Connecticut · 1860
- Proprietors of Pasture v. Inhabitants of IpswichMassachusetts Supreme Judicial Court · 1891
4 more not listed; retrieve them via the Exa API.