Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1816-09-11
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BIZ. ShaiI IS. fne Mechanics Bar r.
s9s .cit aud SOunIy OF Infiadeieb,x -
ttiis was an action 10 rec ys,. Lyrs,.S..,3
mosey on BaRk Note, issded Dy }sst
bank IN thc;asaal foriu, aat. lst,h far NJ
suai signatures OF Gle presiden.aoa r,sb.
Ter, Tor the sum OF Airs dollars.
| Bank apPeare0 by sAseut- He Js,,ed
| tire Jurisdpaen OF az Aiuesrnai.. .,,,I -
] decision OF the Sup.sne Cei,rt ,ers
State OF New York, 20 siiew nat a,. ,n,,c.
Uonwas well iouaaeJ, 10 wit:
'' ne ministry, elders, and Asaeonss oF
tiie Reformed Dutch Chureh ii Cuysa.b,c
ITS. AdaIas.
Ied'' So'i'N
That the actfor the resysery Of debts to
| value o t"eniy Il ddi..l..,, aio 40, a,,.
niorize sn3 proceedings asaiAss i cor D. a..
| ton. =
g Kirkland contra, said, thatas the car.
POI alton had appeared vsiuntiii.y Nv ,ns
attorney appointed nider their seal, aed
gone To trial on the merits, they ought not
To DE allowed to make the o5iec,iou.,,
Fer Curtain" ihejldginent must he
re,ersed. a corporation cannot be ,ued
before alustice. The provisions OF the acr
notn at The trst process anu the exe.unon,
Irsciadest lie constellation chat co.noras
non can be sued beiorea justiee.uf tha
peace" '.~
Agent Tor the bank OBSERVATION-DISCLOSURES Tho
laws OF NV fofk for the recuyery of dor.
Weteid eject precisely the same as the
laws Tor the recovery of debis IN Pannsyl-
vanla-and, therefore, that the dec;s;nn of
me Supreme court vt New York sas -,
this Cases precedent 10 te rsspaeteI in
Pennsylvania.
10 chs IL was re2lied-Tbst whatever
| likeness there may be between inp ln,ys ,f
the two states, tnere was one p!mn .,,iTsr-
ence AT least, To wit: That the law az ~
York does not outiiOrise any brocAe,,;n,,s
against corporations but the laws of %.
sylVania do expressly autaorise susl, NO.
ceedings. By the act passed 9Th An;
1871, respectlu, Corporations. il !, deciar
ed that they shall be able ana capable +, arc
and he sued &c. belo any juaae mr. nd
es,justice Or justices in ali man er of su; 9
eSc. And the act for regulati.,p. of brnka
| passed the 24tn of March 1874. nnSer
which act the patent for the in. or,.,-.t; :,
| - - - - H"'M TOT TIE city and
! county OF Philadelphia is authorised fsor
| ~. expressly declares '' it shali &c aDle
anu capable 10 sue andbe sued, i,npleat or
De iiaPieaded In ali,courts Of recurd or eLse.
| aCheie." The inst section Of the hnndrea
dollar law as u IS called, says :. the iusti-
ces OF the peace OF the several counties
shall haze jurisdiction of all causes of acti-
or arising from Contract, ex yress o. imulied
IN al cases where The sum demanded dos
| not exceed one hundred dollars except in
cases of real contract where the tile IN
land and tenements may come in question.
or action upon promise OF marraga.''-
20, OF the same law, says, an alderman oe
the city, has the like jurisdiction and an.
thorities" as are 9. yes>ed In Justice of the
Peace. And by Che Cd sec. of the san,e arr
the justices respectively a,e net only :. EN-.
powered bul age s. required 10 act;;-and
theretore,i, IS plain that a. alderman ha, iu'
risdIction IN the present case.
Plaintiff obtaiGed subpoena for S. WI.
cox, cashier OF the Mechanics Bank tor tba
CITY and coug!y of .Phiiode phia, to appear
forthwiih and give testimony in this case
service OF the same .prOyed-afd return
made, Ehaf =. Wilcox reiu IS 10 obey tho
subpuena because he caunot leave the
Bank.
On request of tie agent Of the bank. fur
ther hearing postponed until fOar O'Clock
this afternoon.
The same day, aftcrnoon-P lainl:Fbav.
ing obtained two subpoenas one for James
Castairs, teiltc, OF the Mechanics Bank oe
the city and county Of Philadelphia and
the other for VIM. Thaw, a Gle K in the
same Bank, requiring them to attend At d
o,clock, and give testimony &c. and SER
vice of the same proved -Neither lanes
Castair5 or William Thaw appearing.
The alderman sad, il had beco,ae his du-
ty to say . l am reqdy to issue process of
arrest to brjns 0etofe me the bodie, If az
several persGns who have been su, repseI
to appear as witnesses in the case How bs.
tOre me, 10 order that justice may not be.
delayed or hindered.
The agent for the Bank prayed for an adj.
Journment until to morrow III rning at 3 ~.
clock, and It was sgreed to by plaintiff.
>. NlicGS, cashier Of the bank being cpIl.
ed appea eel
Agent Tor the Bank, asserted that no oer-
| son cOucerned 10 Q Bank neither ca h.
| Ter ncr telIer can be- witness in this Case
I'ut this assertion being uusupported by ar.
! gumcnt oT testimony OI aoyknd the Gnes-
ton was put to s. Wilcox. Wal a
consent TO give testimony in this case and
ne answered, f" ] viii not unless avn COM
| pelledX'
no testimony was offeredtO show that
3. Wilcox vas interestcd 10 the question
under consideration.
William Thsw, teller Of the Bank now
lappeariDg, il was remarked to hin-You
have been commanded by the common