Legal Opinion

Clark v. Farmers' Woollen Manufacturing Co.

New York Supreme Court

Decided May 15, 1836PublishedCited by 30 opinions

The action in this case was. brought on an instrument in writing in these words : “ For value received, the Farmers’ Woollen Manufacturing Company of Benton, Ontario county, now in the County of Yates, promise to pay Silas Hunt, or order, $300, in three equal annual instalments of $ 100 each; the first to be paid in one year from the date hereof, jvith interest.

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The action in this case was. brought on an instrument in writing in these words : “ For value received, the Farmers’ Woollen Manufacturing Company of Benton, Ontario county, now in the County of Yates, promise to pay Silas Hunt, or order, $300, in three equal annual instalments of $ 100 each; the first to be paid in one year from the date hereof, jvith interest. In witness whereof we, the trustees of said company, have hereunto subscribed our names, and affixed the common seal of said company, the first day of June, 1830.” Signed ‘Abel Peck,’ ‘ Joseph Ketchum,’ ‘ Lyman Tubbs,’ and to the left…

1Opinion of the Court

By the Court,

Nelson, J,

It was decided, in the case of The Litchfield Iron Co.v.Bennett and another, 7 Cowen,234, that the directors of a corporation were not public officers, within the rule of evidence allowing their official existence to be proved by general reputation, though connected with the fact of their acting in such capacity. Assuming, however, that the appointment of the trustees in cases of this kind should ordinarily be proved by the records of the corporation, the non-production oí the books, in this case, on the call of the plaintiff, authorized the admission of secondary…

2Cited by30 opinions

  1. Evansville, Indianapolis & Cleveland Straight Line Railroad v. City of EvansvilleIndiana Supreme Court · 1860
  2. Big Vein Pocahontas Co. v. BrowningSupreme Court of Virginia · 1923
  3. Moss v. . AverellNew York Court of Appeals · 1853
  4. Shewalter v. PirnerSupreme Court of Missouri · 1874
  5. Dinsmore v. . DuncanNew York Court of Appeals · 1874

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