The Bank of Toledo v. . the International Bank
New York Court of Appeals
Appeal from the Superior Court of the city of Buffalo. Upon the trial, the defendant moved for a nonsuit, on the ground that the plaintiff had not proved its incorporation, upon which an express issue had been made by the pleadings. The specific point of the objection was, that there was no evidence that the Governor of Ohio had issued his proclamation declaring it a corporation, as required by the laws of that State. The nonsuit was denied, and the defendant excepted.
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Appeal from the Superior Court of the city of Buffalo. Upon the trial, the defendant moved for a nonsuit, on the ground that the plaintiff had not proved its incorporation, upon which an express issue had been made by the pleadings. The specific point of the objection was, that there was no evidence that the Governor of Ohio had issued his proclamation declaring it a corporation, as required by the laws of that State. The nonsuit was denied, and the defendant excepted. The judgment was affirmed at general term, and the defendant appealed to this court.
1Opinion of the CourtDenio, J.
The only question arising upon this appeal is, whether the plaintiff sufficiently proved itself to be a corporation under the laws of the State of Ohio. The statute of that State authorized individuals to associate and form banking companies, by signing and acknowledging a certificate stating certain particulars, and causing it to be recorded in the office of tho recorder of the county. The act further provides for an examination of the institutions which shall have recorded certificates, by the bank commissioners or a special agent appointed by them, to ascertain whether they have complied…
2Cases cited1 opinion
- Methodist Episcopal Union Church v. . PickettNew York Court of Appeals · 1859
3Cited by8 opinions
- Mitchell v. CarterSupreme Court of Oklahoma · 1912
- State ex rel. Brown v. BaileyIndiana Supreme Court · 1861
- Knight v. Flatrock & Waldron Turnpike Co.Indiana Supreme Court · 1873
- Lancaster v. Amsterdam Improvement Co.New York Court of Appeals · 1894
- Gilkey v. Town of HowWisconsin Supreme Court · 1899
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