# Thomas v. Dakin

> New York Supreme Court · October 15, 1839 · 22 Wend. 9

URL: https://www.frixlaw.com/law-library/cases/5515379

## Case

- **Full name:** Thomas v. Dakin
- **Court:** New York Supreme Court
- **Decided:** October 15, 1839
- **Citations:** 22 Wend. 9
- **Precedential status:** Published
- **Opinion:** Concurrence by Bronson
- **Judges:** Bronson, Cowen, Nelson
- **Cited by:** 40 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5515379

## Opinion text

By Bronson, J.
I concur fully in the opinions expressed by my brethren, that associations formed under the general banking law are corporations, and that the assent of two-thirds of all the members elected to each branch of the legislature was necessary to the passing of the act. But, as at present advised, I cannot concur in the opinion that the legislature has the constitutional power, although two-thirds may assent, to provide by a general law for the creation of an indefinite number of corporations at the pleasure of any persons who may associate forth at purpose.
It was conceded on the argument, that the demurrer does not reach the objection that the act was not passed by a two-thirds vote ; and I have not, therefore, considered the question whether we can look beyond the statute book. A plea may render it necessary for us to pass upon that -question.
Judgment for plaintiff

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5515379. Public record. Not legal advice.