South Royalton Bank v. Suffolk Bank
Supreme Court of Vermont
Action. Action on the case. The plaintiffs described themselves as “ an association formed and established for the purpose of hanking under, and by virtue of a statute law of the state of Vermont, passed November 17, 1851, entitled ‘an act to authorize the business of banking,’ and transacting their business at Royalton, in the county of Windsor,” and declared against the defendants as follows: “ in a plea of the case, for that whereas the plaintiffs, — the association…
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Action. Action on the case. The plaintiffs described themselves as “ an association formed and established for the purpose of hanking under, and by virtue of a statute law of the state of Vermont, passed November 17, 1851, entitled ‘an act to authorize the business of banking,’ and transacting their business at Royalton, in the county of Windsor,” and declared against the defendants as follows: “ in a plea of the case, for that whereas the plaintiffs, — the association aforesaid, — having first deposited with the treasurer of the state of Vermont the funds and securities as required by said…
1Opinion of the Court
The opinion of the court was delivered, at the circuit session in September, by
Bennett, J.
This case comes up upon a general demurrer to the plaintiff’s declaration, and, of course, the only question is whether a legal cause of actidn is set out in the declaration. It may with truth be said, that an attempt to maintain an action upon the facts stated in the declaration is novel; but this does not prove conclusively that the action cannot be sustained in this age of progress. The facts stated in the declaration are briefly that the plaintiffs, being a banking corporation, had put in circulation…
2Cited by12 opinions
- Chatfield v. WilsonSupreme Court of Vermont · 1855
- Chipley v. AtkinsonSupreme Court of Florida · 1887
- Phelps v. . NowlenNew York Court of Appeals · 1878
- Raycroft v. TayntorSupreme Court of Vermont · 1896
- Metzger v. HochreinWisconsin Supreme Court · 1900
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