Hills v. Bannister
Court for the Trial of Impeachments and Correction of Errors
Assumpsit; tried at the Cayuga circuit in September, 1826, before. Walworth, C. Judge; when a verdict was *taken for the plaintiff subject to the opinion of the court on a case containing these facts: The plaintiff gave in evidence a joint and several promissory note payable to him for $194,20, signed by the defendants, with the addition, “ Trustees of Union Beligious Society, Phelps.”
Read the full summary
Assumpsit; tried at the Cayuga circuit in September, 1826, before. Walworth, C. Judge; when a verdict was *taken for the plaintiff subject to the opinion of the court on a case containing these facts: The plaintiff gave in evidence a joint and several promissory note payable to him for $194,20, signed by the defendants, with the addition, “ Trustees of Union Beligious Society, Phelps.” The defendants proved this society to be a corporation; and objected that the plaintiff bad no right to recover against the defendants, they having signed as agents for the society. The objection was overruled,…
1Opinion of the Court
Curia, per Woodworth, J.
The-objeetioh .that .the defendants; were-not- liable upon- the note, having signed in the. character of- trustees, was- properly overruled. The addition of trustees; &e., is a mere; descriptio joersonarum. (9 John. 384.)
The, remedy: on the warranty was against' two persons, partners; and though the plaintiff was. one,- it is. questionable whether the defence for breach of warranty,, is- allowr able.in such a-case,.
But waiving that questionit wasprovided.that if there should.be,a breach of- warranty, the defendants shouldibe entitled to redress iby-having, the bell…
2Cases cited2 opinions
- Beecker & Beecker v. VroomanNew York Supreme Court · 1816
- Sill v. RoodNew York Supreme Court · 1818
3Cited by7 opinions
- Brown v. Freeman & BynumSupreme Court of Alabama · 1885
- Ruyle v. Continental Oil Co.Court of Appeals for the Tenth Circuit · 1994
- Zehnbar v. SpillmanSupreme Court of Florida · 1889
- Eyers v. HaddemU.S. Circuit Court for the District of Western Wisconsin · 1895
- Hardy v. RossAppellate Court of Illinois · 1879
2 more not listed; retrieve them via the Exa API.