Hinsdale v. Larned
Massachusetts Supreme Judicial Court
The plaintiff alleges, in his declaration, that the defendants and sundry other persons were, by an act passed on the 25th of February, ] 806, incorporated and made a banking company, by the name of “ The President, Directors and Company of the Berkshire Bank; ” of which company the defendants were the president and directors; that sundry bank notes were by them issued and put in circulation ; and that, in conducting the affairs of said corporation, the defendants exceeded…
Read the full summary
The plaintiff alleges, in his declaration, that the defendants and sundry other persons were, by an act passed on the 25th of February, ] 806, incorporated and made a banking company, by the name of “ The President, Directors and Company of the Berkshire Bank; ” of which company the defendants were the president and directors; that sundry bank notes were by them issued and put in circulation ; and that, in conducting the affairs of said corporation, the defendants exceeded their powers, thereby causing the failure of the bank, and a consequent loss to the plaintiff; he being the holder of…
1Opinion of the Court
Wilde, J.,
delivered the opinion of the Court.—The question raised in this case depends on the application of the statute of limitations, it having been agreed by the parties that if, in the opinion of the Court, the action is not barred by the statute, the defendants should be defaulted, and that judgment should be rendered for the amount of the plaintiff’s demand. This may perhaps be considered as an admission on the part of the defendants, that the plaintiff had .originally a good cause of action. Whether this admission is sufficient to authorize the Court to enter judgment in favor of the…
2Cited by10 opinions
- Blythe v. EnslenSupreme Court of Alabama · 1919
- Boyd v. BlaisdellIndiana Supreme Court · 1860
- Swofford Bros. Dry Goods Co. v. OwenSupreme Court of Oklahoma · 1913
- Blythe v. EnslenSupreme Court of Alabama · 1922
- Choctaw & Memphis Railway Co. v. VosburgSupreme Court of Arkansas · 1903
5 more not listed; retrieve them via the Exa API.