Steele v. Oswego Cotton Manufacturing Co.
New York Supreme Court
Motion in arrest. The plaintiff declared in assumpsit. The first count stated that on, &e. at, &c. the defendants made their certain note in writing, the corporate seal of the defendants being thereto affixed, whereby they promised to pay to the plaintiff, four months after date, a certain quantity of sheetings, to be delivered at their warehouse, for value received ; and then follows the common conclusion, that the defendants did not deliver the sheeting, although often…
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Motion in arrest. The plaintiff declared in assumpsit. The first count stated that on, &e. at, &c. the defendants made their certain note in writing, the corporate seal of the defendants being thereto affixed, whereby they promised to pay to the plaintiff, four months after date, a certain quantity of sheetings, to be delivered at their warehouse, for value received ; and then follows the common conclusion, that the defendants did not deliver the sheeting, although often requested. The second and third counts were like the first on similar instruments, and then followed the common money…
1Opinion of the Court
By the Court,
Nelson, J.
The first three counts are special, and are in assumpsit on a sealed instrument; the residue are the common indebitatus counts. This is probably the first time this form of action has been brought and attempted to be sustained upon such an instrument. It was said by the counsel that he could find no case adjudging that an instrument executed under the seal of a corporation is, in technical language, a deed. This might well be ; for I presume the position was never doubted. It was for a long time doubted by courts whether a corporation could do any lawful act except by…
2Cases cited1 opinion
- Queen v. HepburnSupreme Court of the United States · 1813
3Cited by1 opinion
- Thomas v. DakinNew York Supreme Court · 1839