Driggs v. Driggs
New York Supreme Court
Appeal from a judgment entered in the Erie county court upon a verdict in the plaintiff’s favor. The action is to charge the defendant as an indorser of a note, of which the following is a copy: “Buffalo, April 3, 1884. “Four months after date, I promise to pay to the order of R. W. Driggs & Co., one hundred dollars, at Farmers and Mechanic’s National Bank, Buffalo. Value received, with interest. (Signed) “U. DRIGGS.”
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Appeal from a judgment entered in the Erie county court upon a verdict in the plaintiff’s favor. The action is to charge the defendant as an indorser of a note, of which the following is a copy: “Buffalo, April 3, 1884. “Four months after date, I promise to pay to the order of R. W. Driggs & Co., one hundred dollars, at Farmers and Mechanic’s National Bank, Buffalo. Value received, with interest. (Signed) “U. DRIGGS.” The note was indorsed by the payees named, the firm of R. W. Driggs & Go. The indorsers were composed of the defendant and "[Trial Driggs, the latter being the maker of the…
1Opinion of the CourtBarker, J.
—The defendant and his father, the late "[Trial Driggs, were copartners in the special and limited business of endorsing commercial paper made by third parties for a consideration paid to them therefor. There is no pretense that they, as copartners, ever did any other business; the maker of the note was "[Trial Driggs, one of the members of the firm, and he delivered the same to "Warren Driggs, and, as the evidence tends to show, in payment of an individual indebtedness which the maker owed to him. The evidence also tends to show that before the maturity of the note Warren Driggs transferred…
2Cases cited2 opinions
- Ph&338nix Insurance Company v. . ChurchNew York Court of Appeals · 1880
- McElvey v. . LewisNew York Court of Appeals · 1879