Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1816-09-11

IMPORTANT LAW DECISION
[ Rchorfed for the Dem. Press.l
CASE ON SUMMONS.
b. j. Shoin VS.. The Mechanics Bank of
fhe Cny and County of Phiiadek1hia.

=.
me Cny and County of Philadethhia.
This was an action to recover la4vjid no,i-v on
Bank Note, issued BY that Sank IN the usual form,
amd with the usual Signatures fthe President and
Cashier. for the sum OF Fire DoHars
Bank appeared by Ageni-fie denied the iurs-
diction OF an Alderman, and real decision ot the
Supreme Court of the Stste of New-Noia, to shcw
that his objection founded, TO wit
The ministry, elders. and deacors of the formed
Dutch Church AZ Coxsachic Adams" " Seq
wick for plaintiff in error cortended,'
That the act for recovery Of debts TO tie value Of
25 dollars did not authorize any proceedings against
a corporation.
" Kirkland contra" said, {" that ss TIE corporate
on had appeared voluntarily by attorney appointed
under their seal, and gore to trial the merits,
they ousht not to be allowed to make the objecti-
on"
" Peter Curam-T'he judgment must be rever-
sed. corporation canno. be sued before justice.
The provisions Of the act b. Oh ~ the first process
and the execution pre- cu'e the construction that
corporation can be sued before justice of the
peace"
Agent for the Bank contende,l-Thatt the laws of
New-fnrk for the recovery ofdebts, were. in ef-
feet, precisely the the laws for the recove
~ Of debts in Pennsylvania therefore, that
the decision of the Supreme Court of New-York
was, in this case, precedent to be respected in
Pennsylvania.
Totbis it was replied--That whatever likeness
there may be between the laws of the two stat, s,
there was one plain diff renee at least, to Wit -
That the law Of Ncw-York dies not authorize any
proceedings against corporations but the laws Of
Pennsy lvanis do expressly authorize such proceed
ings. Bv act passed 9th April, 1871, respecting
corporations, II IS declared that they shall be able
and capable 10 sue, and be sned, &c. before any
Judge Judges, iiisCe or jHsic.s in all manner OF
suits, &c. And the act ior regulating Of Banks pas
sed the eth of March, 1914, under which act the
patent for the incorporating o! the Mecha;;c Bsuk
tbe. rifr au1o. .nft -l,-t
ed, (Sect lV) expressly declares It shall be able
snh capable to sue ana be sued. imnlead and be
Dpieaded in all courts OF record and eIse7oIere -
The first section Of the hundred do.lsr Law as il is
called, SAWS" the justices of the peace Of the seve
raj counties shall Edue Jurisdiction Of ali causes oe
action ARISING from contrast, expressed or implied in
all cases where the sum demanded does not exceed
one fuodred dollars except ia eases of real con.
tract where the tile to lands and tenemeTts NAV
come question or action upon promise of mari
age-Seet. IS, Of the same law, says, IN .4l!e,..
nan Of the city, has Z" Ike jurisdiction and autbo;
ties rs are " vested ia Justices Of tie {e1ce"-
And ny the second section of the saue act, the
Justices resbecsirr,u not oky eHspowereD bit
are "reQured tn ae,"--snd, therefore, II is p,sin
that an Alderman has jurisdiction in tie preseu,
case.
Plaintiff obtained Subpoena for 6. Wilcox. cash
Ter of the Mechanics Sank Of the city and colnt,
of Philadelphia, toappoer forthwith, and give tes
tmoDy ~ this case--serViee Of the same proved
and return nade---th.t S. Wilcox refused 70
obey tie Subpoena, because he cannot leave the
Bank.
On request of ;ie agent Of the Bank, further
hearing postponed until four o'clock this after
noon.
The same dav, arernoon-PIaintiF having obtain
ed two subpWnss, one for James Cqsairs, teller of
the Mechanics Bank of the city and comfy oil Pill
adeIpiia and the other fhr VIM. ! haw a clerk in
the Bank, requiring them to offend a, four o.
clock. and give testimony. &c. and service of the
same proyed-Neither James Castairs nor William
1haw appearing;
The alderman sold, Il had become his du,y to say.
g ready to ssue process 81 arrest to bring be-
fore me the bodies at the several persons who have
been subpGnaed 10 appear, as witness in ,he case
now before me, in order that Justice may not be de-
iayfd or liindefed.
The agent for the Bank prayed for IN aGiourn-
ment until tomorrow roorning at o'clock, and IL
was agreed TO by plaintiff
"Wednesday morning, eight o'elocb-The parties
met.
5. Wilcox, cashier Of the Bank, being called. ap
peareh
Agent Gcr the Bank sssertetl--Tbat no uerson
IN the Dark neither cashier nor tellers
can be witness ~ this But this assertion be.
ing unsupported by argument or testimony of any
kind the question pat to s.. Wilcox VIII
yea consent r. Pve testimony in this case Aud
he answered " viii not unless / am compel
led"
W. NtSHVHHF WIS OH IeN 20 51GW That =. VI H. |
cox inter sted ia the ql stinn under consdera-
ton.
William Thew, a TELLER of the Bank, now appear |
ing, it remarked "a him--You have been com. |
nisuded by the commonwealth to appear agd give |
testimony in the clss now ia hearing bflore me
The agent Of The Bank then said, object to his gy-
81 < testimony but testimony vas offered 10 |
slew lgt h. wee ntert sied in the event Of the suit
Plaintiff demanded and irsiitcd, that Mr Thav do |
give testimony IN this case, he betty interested
ia this Bauk otherwise ihan being employ, d /
therein. Tue agest for the Bank rssted, that no |
other tfau the h 81 evidence in tie case be cd
united, aud sail, Mr. Wilcox is,l,c best evidence"
5. Wilcox was '!en called forward, b. the alder
man, and his testimony demanded.
Whereupon, S Wilcox, cashier Of the Meehan- |
les Bank Of OF the city aud county Of PhisdeIpIlis,
was sworn.
The Bank Note in question being shewa, and |
bis uame fi" rcup0n pointed ont 10 hrn, he was thcn
'sked-" Is iis your signature Z" lie replied, alt |
g sny writing" The nafne Of T. Parker written |
IN Tie same BIN being shown 10 him, he wos then
asked, DO ycu know dist sigosture :" he repli- /,
"a, " do; lelies il is his" lie was asked v o I
'e meant by his," and he replied I" Mir Par
se,'s."
Question by the sscnt ofthe Baak.-What wss