The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-11-15

Before Judge Inganan.
NAMING ASSOCIATIONS.
pa Eas Nicer Bsnk w. DssstH O. Judah end ~Asys.-
rnsYahs,u T. J-rAe pAistins being association IN
aer the general banking ss bring thar action in the
nsns Of the East River Bank and not Of their President
To th,s CONSTANT the defendant Judah deuurs. The
grounds Of demurrer all embraced in one viz That
the sesisn should have been in the Of the Presi
dent instead Of the used. The act OF 1e2 49,
In the name Of the President thereof and NO other pro-
vision has been subsequently made altering this mode Of
bringing ,es s u srsSsd on oeh. q the plain
these associations are to certain extent corporations,
authorize the OF the corporate nse and that there
u NO foundation Tor this demand. II such decision
had been made that the free banks corporations
tho fall meaning OF the term the use Of the corporate
name would be proper but do not understand the de-
cisions referred to- In the Of Warner Beers IS
wend le3 It decided that these associations not
corporations within the meaning and spirit Of the ccnst
HILL 6l6 the Supreme Court held that for the purpose Of
TAXATION they TO be considered 70 Be corporations
Trust and Banking Company u Log Oh soa the aass.
ton has been fully examined by general term Of the
Supreme Court this district and the Court held that
subject 70 certain corporate liabilities, they not
bodies corporate within the meaning Of the constitution
II cannot therefore, be said that these decisions have
that such associations corporations,
usually understood by that tsrm and therefore possess
Al corporate powers belonging to them when properly
meaning Of that term, think the decisions justify the
conclusion that they enough Of corporate char
acter to warrant them in using the name, which by law
they authorized to in conducting legal pro-
ceedings There various bodies which possess quasi
corporation existence and which 10 their
name without designating the individual members and
that rule think, may, with propriety % applied 70
Of isss thew are authorized to adopt nam. to use
by the association in it's dealings BY that name IL ha
been held they must make their contracts and that in
action brought against the president OF the assocs the
averment that the made the contract held
to DO bad "The plsader," says Judge Bronson,
made the note &C., belaasld Kinney, "a wend a4o.
II it may contract by that name and In making such
tract the Of the bank must be used in pleading
showing the making Of the contract Why
the may no. be used in legal proceedings In
the ease last referred to- Judge Bronson says Copo
rations formed under the general banking Laws
and be sued by their original corporate names True,
the statute provides that sns By the association may
be brought in the Of the President thereof But
there negative words taking away the right to
and BE- sued The general banking has only superadded
another form IN which injuries may Be ssdresssd The
Of the President undoubtedly to guard against
difficulty which might arise from the construction that
ii other way than the corporate not pro-
vded for enforcing their rights but since the adudica
associations to the use Of the name & their Predssts in
actions brought by them On the contrary either mode
1s, With their and may Be in
are not yad substantially noticed In the
remarks already male Judgment for the plaintiff
murrer with leave to defendant 70 answer payment
of costs.
ALLEGED FALSE REPRESENTATIONS IN THE SALE OF
STOCK
Daniel BarInm ~. John Z. Coloy.-The plaintiffs
affidavit is positive in charging upon the defendant
the false representations in regard to the condi-
ton Of the company in which the stock that
the plaintiff received in payment. It also shows
that AZ room as discovered, no offered to return
the stock and rsscind the contract, which re-
fused The defendant afiday;ts, asks to
reduce the amount Of bail He denies the false allcga
tons and insists that the stock the time OF transfer
10 the plaintiY, worth tho amount a. which he
ceived IL, and that it might have been sold for that
amount. If II proper TO try the questions which
win arise the trial Of this case, by the adavits
submitted, there might be Tor hesitation
to the propriety Of this order The defendants affidavit
denies, positively the plaintiffs affidavit asserts
the fraud which IL the foundation of this action. But
when there Ia such contradiction between tho parties
and nothing by which any confederation is furnished TO
affidavit than another 1t ID not proper to dis
charge order OF arrest or reduce the amount. In
this case, however, the plaintiffs affidavit Is corrobo
rated by Ohors both to tho representations and the
falsy of them while the defendants is rested
his affidavit merely, and without any thing to
roborate H. The statements to by tho plain
M also proved to have been made by Colby In the
AFFIDAVIT Of Upton II true, the defendant might have
shown that fact by officers Of the company, persons
acquainted with its Affairs Not having done so, do
not see upon what grounds NO can reduce the amount
Inc mere fact that the stock might Laie heep s9a for
the amount at whb 1t passed, does not relieve Jha
difficulty StiI many of the represen atoms were IN
true to the CONDITIONED the company and the plain
tT not bound to project himself by sale Of the
S.cch at once