Merchants' National Bank v. Glendon Co. , 120 Mass. 97 ( 1876 )

By the Court.

The affidavit complied with the St. of 1874, c. 248, § 3 ; and the court had authority to advance the case for trial, independently of that statute. The evidence admitted waa competent to show that the plaintiff was de facto a banking corporation and transacting business as such.

Exceptions overruled.