Reed v. Bank of the State
Supreme Court of Arkansas
This was an action of debt, determined in the Pulaski Circuit Court, in May, 1842, before the Hon. John J. Clendenin, one of the circuit judges. The Bank sued Reed and his securities on a bond for $240, executed Nov. 19th, 1840, and due at six months. Two of the defendants, at September term, 1841, pleaded payment, to which issue was joined.
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This was an action of debt, determined in the Pulaski Circuit Court, in May, 1842, before the Hon. John J. Clendenin, one of the circuit judges. The Bank sued Reed and his securities on a bond for $240, executed Nov. 19th, 1840, and due at six months. Two of the defendants, at September term, 1841, pleaded payment, to which issue was joined. At March term, 1842, Pike, one of the same defendants, pleaded three pleas: First, mil lid corporation; Second, usury; which plea alleged, with all the necssary allegations and in apt form, the simple fact that the bond was discounted by the bank, she…
1Opinion of the Court
By the Court,
Sebastian, J.
We are at a loss to know for what defect or imperfection in the declaration, it is deemed invalid or insufficient by the plaintiffs in error. Upon examination, we are unable to discover any defect, which can be reached by relation of the demurrer to the pleas, or indeed any defect at all. It was probably intended to raise some question presented by the pleadings, disposed of in the sequel.
The plea of nul le.il coporalion, questions the legal existence of the bank as a corporation. This plea comes within the principles decided by this court in Mahony et al. vs. The…
2Cases cited4 opinions
- McFarland v. State BankSupreme Court of Arkansas · 1842
- Elliott v. Bank of the StateSupreme Court of Arkansas · 1842
- Hicks v. VannSupreme Court of Arkansas · 1842
- Webster v. Bank of the StateSupreme Court of Arkansas · 1842
3Cited by1 opinion
- Alexander v. StewartSupreme Court of Arkansas · 1861