President of Middletown Bank v. Magill
Supreme Court of Connecticut
This was an action of assumpsit, to recover certain sums of money, loaned, by the plaintiffs, to the defendants. There was one special count; to which were added the usual money counts.
Read the full summary
This was an action of assumpsit, to recover certain sums of money, loaned, by the plaintiffs, to the defendants. There was one special count; to which were added the usual money counts. The suit was commenced on the 12th of August, 1820. Arthur W. Magill, John Russ, Lemuel Whitman, Ithamar Atkins and Samuel Williams, named in the writ as defendants, pleaded, severally, non-assumpsit; and on this issue, closed to the court, the cause was tried in Middlesex county, December term, 1820. The court found the facts, and reserved the case for the consideration and advice of all the judges. The case…
1Opinion of the Court
Hosmer, Ch. J.
Arthur W. Magill and others, having enter ed into an association for the manufacture of cloths, procured from the legislature a charter of incorporation. Apprehensive that a grant in the usual manner, whereby the corporate funds are alone liable to creditors, would be injurious to the community, the legislature annexed to the charter this proviso, “that the persons and properly of the members of said corporation, shall, at all times, be liable for all debts due by said corporation." The notes in suit were made, when all the defendants were members of the Middletown Manufacturing…
2Cases cited4 opinions
- Marcy v. ClarkMassachusetts Supreme Judicial Court · 1821
- Bond v. AppletonMassachusetts Supreme Judicial Court · 1812
- Commonwealth v. HolmesMassachusetts Supreme Judicial Court · 1821
- Southmayd v. RussSupreme Court of Connecticut · 1819
3Cited by16 opinions
- Baker v. Administrator of BackusIllinois Supreme Court · 1863
- Breitung v. LindauerMichigan Supreme Court · 1877
- McClaren v. FranciscusSupreme Court of Missouri · 1869
- Ball Electric Light Co. v. ChildSupreme Court of Connecticut · 1897
- Paine v. StewartSupreme Court of Connecticut · 1866
11 more not listed; retrieve them via the Exa API.