Branch of the Bank of the State at Montgomery v. Harrison
Supreme Court of Alabama
This was a motion in the Circuit Court of Montgomery by the plaintiff in error against the defendant, on a bill of exchange. It was objected that the notice should have been under the corporate seal of the Bank, and that it was otherwise insufficient. The 'Court below quashed the notice, and the cause was brought into this Court by writ of error.
1Opinion of the Court
By Mr. Justice Thornton :
This was a proceeding in the Circuit Court of Montgomery, under the 9th section of the act incorporating and establishing the Branch of the Bank of the State at that place. The notice was quashed, and judgment entered for the defendant, which is assigned 'as error. The object of the section, which gives the remedy here pursued, was a substitution of the President of the institution, for an attorney, who otherwise would have been required to be appointed, according to the peculiar mode of action by a corporation. The President for the time being, who is a public…
2Cited by1 opinion
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