Utica Insurance v. Scott
New York Supreme Court
THIS was an action of assumpsit against the defendant, as endorser of a promissory note for 800 dollars, dated ii -r June 26, 1818, made by James JvrJsamara, payable to F. Stranahan, or order, sixty days after date, at the office of the Utica Insurance Company, and endorsed by Stranahan to the defendant, who indorsed the same to the plaintiffs, &c.
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THIS was an action of assumpsit against the defendant, as endorser of a promissory note for 800 dollars, dated ii -r June 26, 1818, made by James JvrJsamara, payable to F. Stranahan, or order, sixty days after date, at the office of the Utica Insurance Company, and endorsed by Stranahan to the defendant, who indorsed the same to the plaintiffs, &c. The defendant pleaded, that the plaintiffs ought not to have or maintain their action, &c. because, on the 1st of September, 1816, the plaintiffs, unauthorised by law, and contrary to the form of the act in such case made and provided, did…
1Per curiam
The replication is bad, for the causes set forth in the demurrer; it does not traverse or deny the facts in the plea, nor does it introduce any new fact in avoidance of the facts stated in the plea. (1 Chitty Pl. 587, &c.) This brings the case back to the plea. In the case of The People v. The Utica Ins. Co. (15 Johns. Rep. 358.) it was decided, that the act of incorporation did not authorize the company to institute a bank,, issue bills, discount notes, and receive deposits; and that the company having exercised those powers, had usurped the franchise of banking ; and a judgment of ouster…
2Cited by22 opinions
- Curtis and Others v. . LeavittNew York Court of Appeals · 1857
- Tracy v. . TalmageNew York Court of Appeals · 1856
- Bath Gas Light Co. v. . ClaffyNew York Court of Appeals · 1896
- Morville v. American Tract SocietyMassachusetts Supreme Judicial Court · 1877
- New York Firemen Insurance v. ElyNew York Supreme Court · 1824
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