De Witt v. . Walton
New York Court of Appeals
Action in the superior court of the city of New-York, upon a promissory note of which the following is a copy: “ $324.it,%. New-York, June 20th, 1850. “ Four months after date I promise to pay to the order of W. H. B. Smith, three hundred and twenty-four -/(% dollars, value received. “ David Hijbbell Hoyt, “ Agent for The Churchman.” Smith and Hoyt were also made defendants as endorsers, but suffered judgment by default.
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Action in the superior court of the city of New-York, upon a promissory note of which the following is a copy: “ $324.it,%. New-York, June 20th, 1850. “ Four months after date I promise to pay to the order of W. H. B. Smith, three hundred and twenty-four -/(% dollars, value received. “ David Hijbbell Hoyt, “ Agent for The Churchman.” Smith and Hoyt were also made defendants as endorsers, but suffered judgment by default. The answer of Walton admitted that he was the sole editor and proprietor of the newspaper called “ The Churchman,” published in the city of New-York, but denied his liability…
1Opinion of the Court
Should it be admitted, as the counsel for the plaintiff insists, that it was proper to show by oral evidence that "The Churchman" meant the defendant, and that he allowed his agent to give notes in this form, the plaintiff would still, in order to recover, be compelled to establish not only that the power existed, but that it was executed in such a manner as to bind the defendant. The plaintiff has declared upon a promissory note as his only cause of action. He must sustain his complaint by proof that the defendant was a party to the express contract upon which he has counted. He has given…
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