Superintendent of Banks of New York v. Hubbard
Superintendent of Banks of New York v. Hubbard
Opinion of the Court
This case, like Superintendent of Banks of New York v. Moors, ante, 518, is an action to recover an assessment upon a stockholder in the Bank of United States. It is agreed that the defendant acquired ten shares before December 11, 1930, and still owns them. The trial judge ruled in favor of the plaintiff that the certificate of the superintendent of banks of the State of New York dated July 17, 1934, made' under § 80 of the New York banking law as amended by Laws of 1934, c. 494, showing the facts authorizing an assessment, his determination to make one, and his demand in writing upon the several stockholders, was admissible in evidence. It may be, as was decided in Broderick v. McGuire, 119 Conn. 83, 101-103, that the New York statute making the certificate not only evidence but “presumptive evidence” of the facts therein stated has no effect in the courts of other States. But the question here is merely one of admissibility, for the facts stated in the certificate are found to be true. If admissible, it supplies all that is needed to establish the liability of the defendant under the case of Superintendent of Banks of New York v. Moors, ante, 518, and shows error on the part of the trial judge in ruling that the plaintiff could not recover, and in failing to order judgment for the plaintiff.
In Commonwealth v. Slavski, 245 Mass. 405, 417, it was said that “a record of a primary fact, made by a public officer in the performance of official duty is or may be made by legislation competent prima facie evidence as to the existence of that fact.” The admission of such official
Judgment for the plaintiff.
Reference
- Full Case Name
- Superintendent of Banks of the State of New York v. Frank W. Hubbard
- Status
- Published