President of the Dedham Bank v. Chickering
President of the Dedham Bank v. Chickering
Opinion of the Court
delivered the opinion of the Court to the following effect. In regard to the first question, we should have supposed that in the case, as well of a corporation as of an individual, a paper intended for their benefit and found on their files, would be considered as having been accepted by them ; but it appears that in an action now pending before
The other point made by the defendant is a pretty important one, namely, that the bond should be restricted by the term of the office, so that every election should be considered as the choice of a new officer, and a new bond should be taken. We do not doubt the soundness of the principle. It has been adopted in this commonwealth, and many of the authorities, which are numerous, are cited in Boston Hat Manufactory v. Messinger, 2 Pick. 223.
Bond adjudged forfeited.
The ruling of Marshall C. J. upon this point in the Circuit Court was adjudged erroneous, by the Supreme Court, and a new trial was granted on that account. United States Bank v. Dandridge, 12 Wheat. 64. (6 Peters’s Condensed U. States Ct. R. 440.)
See also Peppin v. Cooper, 2 Barn. & Ald. 431; Hassell v. Long, 2 Maule & Selw. 363; Leadley v. Evans, 2 Bingh. 32; S. C. 9 Moore, 102, Union Bank of Maryland v. Ridgely, 1 Harr. & Gill, 432; S. Carolina Society v. Johnson, 1 M'Cord, 41; Kennebec Bank v. Cooper, 2 Greenl. 42; Worcester Bank v. Reed, 9 Mass. R. (Rand’s ed.) 268, n. (a).
See Curling v. Chalkden, 3 Maule & Selw. 502.
See Dedham Bank v. Chickering, 4 Pick. 314.
Reference
- Full Case Name
- The President &c. of the Dedham Bank versus Jabez Chickering
- Status
- Published