Mott v. Hicks
New York Supreme Court
Assumpsit, tried before his honour, Mr. Justice WooniVORTH, at the New- York Sitting's, April 15,1822. The following is an abstract of the declaration, so far as it Is material to the questions in the cause: 1st Count.
Read the full summary
Assumpsit, tried before his honour, Mr. Justice WooniVORTH, at the New- York Sitting's, April 15,1822. The following is an abstract of the declaration, so far as it Is material to the questions in the cause: 1st Count. That the defendant, on the 25th day of April, 1816, was anxious to purchase from one Isaac F. Roe, a quantity of fire wood, for which he demanded a large sum of money, viz. $948TVV, and, after various negotiations, he agreed to sell, and the defendant to purchase the wood at $948J/o, to be paid for by a note of the defendant, to bé made payable at a certain day, and to be…
1Opinion of the CourtWoodworth, J.
It is very clear that Hicks was not liable in his individual capacity, as maker of the note. The case is distinguishable from Taft v. Brewster and others, (9 John. 334.) There the defendants acknowledged themselves bound, by the description of “ Trustees of the Baptist Society of the town of RichfieldThe Court considered it a mere descriptio personarían ; and that the defendants *532were individually liable. By the note in this case, “ the; president and directors promise to pay,” subscribed by the defendant, as “ president.” It is evident, here was no persona^ engagement, nor was any such…
2Cases cited12 opinions
- The BANK OF COLUMBIA v. PATTERSON’S Adm’rSupreme Court of the United States · 1813
- Sumner v. WilliamsMassachusetts Supreme Judicial Court · 1811
- Randall v. Van VechtenNew York Supreme Court · 1821
- White v. SkinnerNew York Supreme Court · 1816
- Taft v. BrewsterNew York Supreme Court · 1812
7 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Curtis and Others v. . LeavittNew York Court of Appeals · 1857
- Clark v. City of Des MoinesSupreme Court of Iowa · 1865
- Ketchum v. . the City of Buffalo and AustinNew York Court of Appeals · 1856
- Nisbet v. LawsonSupreme Court of Georgia · 1846
- Bradley v. Modern Woodmen of AmericaMissouri Court of Appeals · 1910
38 more not listed; retrieve them via the Exa API.