Fifth National Bank of Providence v. Navassa Phosphate Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Flew York, entered upon an order made June 28, 1889, which affirmed a judgment in favor of defendant, entered upon an order dismissing the complaint on trial at circuit. This was an action upon two promissory notes payable to the defendant, which were indorsed by one Walter E. Lawton, as its president, to the firm of Lawton Brothers, who before their maturity transferred them to plaintiff.
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Appeal from judgment of the General Term of the Superior Court of the city of Flew York, entered upon an order made June 28, 1889, which affirmed a judgment in favor of defendant, entered upon an order dismissing the complaint on trial at circuit. This was an action upon two promissory notes payable to the defendant, which were indorsed by one Walter E. Lawton, as its president, to the firm of Lawton Brothers, who before their maturity transferred them to plaintiff. The material facts are stated in the opinion. It is a settled rule of law that if the indorsement of the notes of a corporation…
1Opinion of the CourtFinch, J.
We think the question of the authority of Lawton to bind the defendant company by indorsement was one of fact which should have been submitted to the jury, and that the trial court erred in deciding it as a question of law. In other words our conclusion is that the record contains some evidence of the existence of" such authority, and enough to require the judgment of a jury upon it.
Lawton was president and treasurer of the Phosphate Company and the general manager of all its business affairs in the city of Hew York. While it had an office in Baltimore, yet at the one in Hew York the buying…
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