Williams v. Bank of Michigan
Court for the Trial of Impeachments and Correction of Errors
Error from the supreme court. The bank of Michigan sued Williams in the supreme court, as the maker of a promissory note for $2755,51, bearing date 28th June, 1825, payable to “ (The President, Directors and Company of the Bank of Michigan,” on demand. At the circuit the note declared on was produced, the making of which was admitted; on it was an endorsement under date of 10th July, 1826, stating that $170,87, the interest thereof up to that time, had been received.
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Error from the supreme court. The bank of Michigan sued Williams in the supreme court, as the maker of a promissory note for $2755,51, bearing date 28th June, 1825, payable to “ (The President, Directors and Company of the Bank of Michigan,” on demand. At the circuit the note declared on was produced, the making of which was admitted; on it was an endorsement under date of 10th July, 1826, stating that $170,87, the interest thereof up to that time, had been received. An admission of the defendant that he had been president of the Bank of Michigan was proved, and it was then agreed that a…
1Opinion of the Court
The following opinions were delivered:
By the
Chancellor.
There is no doubt that by the common law in England, and the settled law of this state, if a suit *541Is brought by a corporation, they must, on the general issue pleaded, show that they are a corporation; Jackson v. Plumbe 8 Johns. R. 378; Dictum of Hobart. Ch. J. in report of Norris v. Staps, Hob. Rep. 211; The Dutch West India Company v. Van Moses, 1 Strange, 612; 2 Lord Raym, 1535, note, S. C. but it is insisted by the counsel for the bank in this case that as the note was given by Williams directly to the company by their corporate…
2Cases cited2 opinions
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- O'Donnell v. GlennMontana Supreme Court · 1888
- Laflin & Rand Powder Co. v. SinsheimerCourt of Appeals of Maryland · 1877
- Adams Express Co. v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1907
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