Legal Opinion

In the Matter of the Reciprocity Bank

New York Court of Appeals

Decided September 5, 1860PublishedCited by 46 opinions

Appeal from the Supreme Court. The proceeding in this case was under the act of April 5, 1849, to enforce the liability of stockholders in banking corporations and associations, as prescribed in the Constitution of 1846. (Laws of 1849 ch. 226, p. 340.) The Reciprocity Bank was incorporated in 1834, by a special charter (Laws of 1834, p. 355), under the name of “The Sackett’s Harbor Bank.”

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Appeal from the Supreme Court. The proceeding in this case was under the act of April 5, 1849, to enforce the liability of stockholders in banking corporations and associations, as prescribed in the Constitution of 1846. (Laws of 1849 ch. 226, p. 340.) The Reciprocity Bank was incorporated in 1834, by a special charter (Laws of 1834, p. 355), under the name of “The Sackett’s Harbor Bank.” In 1852 it was authorized to change, and it did change, its place of business to the city of Buffalo. (Laws of 1852, p. 188.) In 1857, its original name was changed to “ The Reciprocity Bank.” (Laws of 1857,…

1Opinion of the Court

Comstock, Ch. J.

This court has recently determined in the matter of Oliver Lee & Company’s Bank (21 N. Y., 9), that the free banking associations in this State, created before as well as after the Constitution of 1846 was adopted, are within the personal liability clause of that instrument and also within the act of April 6th, 1849, which was enacted to provide the means of enforcing such liability. In the same case it was held that neither the constitutional provision nor the statute, construed as they were retrospectively, conflicted with the clause in the Constitution of the United States,…

2Cases cited1 opinion

  1. In the Matter of Oliver Lee Co's BankNew York Court of Appeals · 1860

3Cited by46 opinions

  1. Keyser v. HitzSupreme Court of the United States · 1890
  2. Noble State Bank v. HaskellSupreme Court of Oklahoma · 1909
  3. McGowan v. McDonaldCalifornia Supreme Court · 1896
  4. Hirshfeld v. . BoppNew York Court of Appeals · 1895
  5. Kerr v. UrieCourt of Appeals of Maryland · 1897

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