Brown v. President of Penobscot Bank
Massachusetts Supreme Judicial Court
The declaration, which was in case, contained the following count: — “ And also for that, at said Buckstown, to wit, at the said Boston, on the fifteenth day of January last past, the plaintiff was the lawful possessor and bearer of sundry bank notes of the said corporation, whereby said corporation had promised the bearers of said notes respectively to pay them the sum of money in the same notes respectively mentioned, and all of which sums amounted, as the plaintiff avers,…
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The declaration, which was in case, contained the following count: — “ And also for that, at said Buckstown, to wit, at the said Boston, on the fifteenth day of January last past, the plaintiff was the lawful possessor and bearer of sundry bank notes of the said corporation, whereby said corporation had promised the bearers of said notes respectively to pay them the sum of money in the same notes respectively mentioned, and all of which sums amounted, as the plaintiff avers, to 6160 dollars ; and being so the possessor and bearer of said notes, the plaintiff then and there presented the same…
1Opinion of the Court
The action stood continued for advisemént to this term; and now
The Court
observed that if the act, upon which the plaintiff relied in this case, was unconstitutional, and therefore void, it must be by force of some specific provision in the constitution of the United States, or in that of this commonwealth. But none such had been cited at the bar, nor was any such known to exist. The incorporation of a banking company was a privilege conferred by the legislature on the members. Punctuality and promptness in meeting every demand made on such an institution is essential to its very existence ;…
2Cited by16 opinions
- Planters' Bank v. SharpSupreme Court of the United States · 1848
- Coffin v. RichSupreme Judicial Court of Maine · 1858
- State v. Southern Pacific RailroadTexas Supreme Court · 1859
- Jackson, ex rel. Smith v. AdamsNew York Supreme Court · 1831
- Thayer v. SeaveySupreme Judicial Court of Maine · 1834
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