MVB, Report on the Utica Insurance Company, 20 February 1818
The Attorney-General, in compliance with the request contained in the resolution of the honorable the Assembly of the 18th inst. on the subject of the legal proceedings which have been had against the Utica Insurance Company, respectfully informs the honorable the Assembly,
That in pursuance of the joint resolution of the Senate and Assembly, of the 8th and 9th of November, 1816, an information was filed by him in the court of chancery against the Utica Insurance company, to test the right claimed by them to exercise banking privileges—That the proceedings were instituted in that court with a view to a more speedy and effectual decision than the course of proceeding at common law would allow—That time was given by his honor the Chancellor to the defendants until the then next January term of that court, to shew cause why an injunction should not issue against them, pursuant to the prayer of the information—That at the said January term, the case was argued by counsel in behalf of the defendants, and by the Attorney-General in behalf of the state, and the application for an injunction dismissed by the Chancellor, on the ground of want of jurisdiction in that court.
That at the next term of the supreme court, viz. in May last, an information in the nature of a quo warranto, was filed in that court; which, according to the course of the court, was brought to issue in the month of September last, being the earliest period at which an issue could be compelled—That the cause was immediately notified for argument at the then next October term, held at the city of New-York—That the Attorney General was being prevented by sickness from attending that term, the papers in the cause were taken to the city of New-York by his Excellency the Governor, and placed in the hands of counsel employed by him, in behalf of the state—That a day was appointed for the argument of the cause, but that the same was prevented by a misfortune which happened to a member of the family of the counsel employed—That the cause was again noticed for argument at the last January term, in this city—That when the cause was moved, an application was made to the court, in behalf of the defendants, to postpone the argument until May; and one reason alledged for the postponement was, the intention of the defendants to apply to apply to the Legislature, at their present session, for relief on the subject in controversy between them and the state—That the application was granted, and the argument postponed until May next, when the same will be brought to a conclusion, unless prevented by legislative interference.
M. V. BUREN, Att'y. Gen'l.
Albany, February 20th, 1818.