Westchester Mortgage Co. v. Thomas B. McIntire, Inc.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William H. Foster, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 10th day of May, 1915, upon the verdict of a jury rendered by direction of the court.
1Dissent
Putnam, J. (dissenting):
Appellant Foster by the words of his guaranty, in which he fully described this sixty-day note, I think, became estopped from setting up the omission of a seal or otherwise questioning the note’s validity. As vice-president and a stockholder in the corporation of Thomas B. McIntire, Inc., his signature on this guaranty procured a loan for the corporate purposes, which has been so applied. He stands like an indorser who cannot raise such a defense, as by the indorsement he guarantees the validity of the corporate notes. (Donohoe v. Meeker, 35 App. Div. 43; *521Glidden v.…
2Cases cited2 opinions
- Glidden v. ChamberlinMassachusetts Supreme Judicial Court · 1897
- Donohoe v. MeekerAppellate Division of the Supreme Court of the State of New York · 1898