Thomas v. Dakin
New York Supreme Court
General Banking Law. This was an action brought by Anson Thomas, as president of an association called The Bank of Central New-York, formed under the act to authorize “ the business of banking,” passed 18th April, 1838, for the recovery of three bills of exchange, drawn by the defendant and discounted by that bank. The defendant demurred to the declaration, which commenced in these words : “ St'. Lawrence county, ss.
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General Banking Law. This was an action brought by Anson Thomas, as president of an association called The Bank of Central New-York, formed under the act to authorize “ the business of banking,” passed 18th April, 1838, for the recovery of three bills of exchange, drawn by the defendant and discounted by that bank. The defendant demurred to the declaration, which commenced in these words : “ St'. Lawrence county, ss. Anson Thomas, who is president of the bank of Central New-York, an association of persons formed for the purpose of banking, under the provisions of the act of the legislature of…
1Opinion of the Court
T}ie following opinions were delivered :
By Chief Justice Nelson.
This is an action brought by the plaintiff, as president of the Bank of Central New-York, an association formed under what is familiarly known as the General Banking Law, passed April 18, 1838, to recover several demands due the institution.
The defendant has demurred to the declaration, and urges the unconstitutionality of the law by way of defence; and it is insisted, in his behalf: 1. That the associations formed under this law are corporations; and 2. That a general law authorizing the creation of these bodies, is inconsistent…
2Cases cited5 opinions
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- Town of North-Hempstead v. Town of HempsteadCourt for the Trial of Impeachments and Correction of Errors · 1828
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