Lucas v. Bank of Georgia
Supreme Court of Alabama
The President, Directors, & Co. of the Bank of Georgia, by their attorneys in fact, G. R. Clayton and E. Cary, brought an action of assumpsit, in Montgomery Circuit Court, in August 1825, against Henry Lucas, to recoveh on a note made by him for #1680, dated the 14th June, 1820, and payable at six months, to the order of JohnLucas, at the Branch Bank of the State of Georgia, in Milledgeyiue> The note was indorsed by John Lucas, to one S. Goodall, and by him to the…
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The President, Directors, & Co. of the Bank of Georgia, by their attorneys in fact, G. R. Clayton and E. Cary, brought an action of assumpsit, in Montgomery Circuit Court, in August 1825, against Henry Lucas, to recoveh on a note made by him for #1680, dated the 14th June, 1820, and payable at six months, to the order of JohnLucas, at the Branch Bank of the State of Georgia, in Milledgeyiue> The note was indorsed by John Lucas, to one S. Goodall, and by him to the plaintiffs. The plaintiffs declared by attorney, and made profert of the letters of attorney under which their agents acted; and…
1Opinion of the Court
By JUDGE COLLIER.
In the argument of this cause, three points were made by the plaintiff in error.
1st. That the warrant of attorney, or other authority, by which ,the corporation was represented in the Court below, should have been produced. 2d. That there was no legal proof that the plaintiffs were a corporation. 3d. That a foreign corporation cannot sue in the Courts here.
When the cause was called for trial, and before the de*149«5-laration was read to Ihe jury, the defendant below moved the Court to require the production of the warrant of attorney, or other authority, by which the plain tiff…
2Cited by8 opinions
- Sullivan v. Sullivan Timber Co.Supreme Court of Alabama · 1893
- Ashurst v. Arnold-Henegar-Doyle Co.Supreme Court of Alabama · 1918
- Doe ex dem Chamberlain, Miller & Co. v. AbbottSupreme Court of Alabama · 1907
- Ellis v. Mutual Life Ins. Co. of New YorkSupreme Court of Alabama · 1939
- Prince v. Commercial BankSupreme Court of Alabama · 1840
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