Quackenboss v. Globe & Rutgers Fire Insurance
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 26, 1902, affirming 'a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 26, 1902, affirming 'a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. This action was brought to recover damages for the breach of an alleged contract between the plaintiff and the Rutgers Fire Insurance Company, which company was subsequently consolidated with the Globe Insurance Company and the obligations of the former assumed by the defendant. It was error to exclude the contract which is the basis of the action.…
1Opinion of the CourtMartin, J.
On the trial the plaintiff, after proving that the contract upon which the action was based was signed by the president and secretary of the Rutgers Insurance Company, for whose debts and obligations the defendant was liable, and that the corporate seal of the company was affixed thereto, offered it in evidence. It was rejected and the plaintiff excepted. We think the exception was well taken and constituted error which requires a reversal.
It is an ancient and well-established rule of law that where the seal of a corporation is affixed to a contract or written instrument, to which such…
2Cases cited3 opinions
- Lovett v. Steam Saw Mill Ass'nNew York Court of Chancery · 1836
- Trustees of Canandarqua Academy v. McKechnieNew York Court of Appeals · 1882
- Whitney v. . the Union Trust Company of New YorkNew York Court of Appeals · 1875
3Cited by19 opinions
- Gause v. . Commonwealth Trust Co.New York Court of Appeals · 1909
- Portland Cattle Loan Co. v. Hansen Livestock & Feeding Co.Idaho Supreme Court · 1926
- Chard v. Ryan-Parker Construction Co.Appellate Division of the Supreme Court of the State of New York · 1918
- Central Hanover Bank & Trust Co. v. United Traction Co.Court of Appeals for the Second Circuit · 1938
- Logan v. Fidelity-Phenix Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1914
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