14 Johns. 118 | N.Y. Sup. Ct. | 1817
The sole question arising upon the bill of exceptions in this case is, whethér an action of assumpsit upon an implied promise can be maintained against a corporation. The ease of the Bank of Columbia v. Paterson’s administrators, decided in the supreme court of the United States,
The evidence offered in the court below, in support of the action, showed conclusively that the services of the plaintiff were performed at the request of the defendants, and that they have advanced money to him on account of such services. This was amply sufficient to raise an implied promise to pay, and enough to maintain the action, according to the principles sanctioned in the case referred to, and which we are inclined to adopt. The judgment of the court below must, accordingly, be reversed.
Judgment reversed.
7 Cranch's Rep. 297-307. (Feb. 1813.)