Watson v. Bennett & White
New York Supreme Court
This was an action for taking and converting the plaintiff’s personal property, and was tried at the Onondaga circuit, in February, 1851. The defendants denied that they took and converted the property at the time and place mentioned in the complaint.
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This was an action for taking and converting the plaintiff’s personal property, and was tried at the Onondaga circuit, in February, 1851. The defendants denied that they took and converted the property at the time and place mentioned in the complaint. They also alledged that the property in the goods and chattels was in one Bichard Lusk, and that the Salina Bank and Onondaga County Bank, of which the defendants were respectively cashiers, had each recovered a judgment against Lusk in this court, and that the defendants, being fully authorized, as cashiers, procured executions to be issued…
1Opinion of the Court
By the Court,
Allen, J.
If the decision of this court in Baker v. Bailey, decided at the late July term, is to be followed, then the defendants by the form of their answer have confessed the trespass complained of, by confining their denial to the time and place alledged in the complaint, which are immaterial, and the plaintiff was wrongfully nonsuited for that reason. But as this point was not expressly raised upon the trial, we prefer not to rest the decision upon it. It can not be claimed at this day that corporations can only speak and act by their common seal. They are bound by their…
2Cases cited3 opinions
- Gillett v. CampbellCourt for the Trial of Impeachments and Correction of Errors · 1845
- Benedict v. LansingNew York Supreme Court · 1848
- Denison v. SeymourNew York Supreme Court · 1832
3Cited by6 opinions
- Soulard v. City of St. LouisSupreme Court of Missouri · 1865
- Luse v. Isthmus Transit Railway Co.Oregon Supreme Court · 1876
- Owsley v. Montgomery & West Point RailroadSupreme Court of Alabama · 1861
- Fink v. Canyon Road Co.Oregon Supreme Court · 1874
- Chemical National Bank v. KohnerNew York Court of Common Pleas · 1880
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