Catskill Bank v. Stall
New York Supreme Court
This was an action of assumpsit, tried at the Greene circuit in October, 1833, before the Hon. Charles H. Ruggles, one of the circuit judges. The suit was brought upon a note, made by one Edward Shook, for $1000, dated 20th February, 1833, payable sixty days after date to the order of Jacob I. Stall &f Co., and endorsed in the name of the firm by Henry Teats, junior, one of the members of the firm, which consisted of Jacob I. Stall, Henry Teats, junior, and John J. Traver.
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This was an action of assumpsit, tried at the Greene circuit in October, 1833, before the Hon. Charles H. Ruggles, one of the circuit judges. The suit was brought upon a note, made by one Edward Shook, for $1000, dated 20th February, 1833, payable sixty days after date to the order of Jacob I. Stall &f Co., and endorsed in the name of the firm by Henry Teats, junior, one of the members of the firm, which consisted of Jacob I. Stall, Henry Teats, junior, and John J. Traver. The note was discounted by the bank, and when due it was protested for non-payment, and notice of protest sent per mail.…
1Opinion of the Court
By the Court,
Nelson, J.
There is nothing in the testimony or upon the face of the note, disclosing to the plaintiffs that the endorsement of the firm of which the defendants are members, was made for the accommodation of the maker. On the contrary, the note being made payable to the firm, the fair inference is that it passed out of their hands in the usual course of business. The plaintiffs are bona fide holders for full value, according to the proof; and the firm is therefore liable, though its name was used out of the partnership dealings, and without the knowledge or assent of one of its…
2Cases cited2 opinions
- Bank of Utica v. DavidsonNew York Supreme Court · 1830
- Bank of Rochester v. BowenNew York Supreme Court · 1831
3Cited by17 opinions
- In re WilliamNew York Supreme Court · 1839
- Gawtry v. . DoaneNew York Court of Appeals · 1872
- Bank of Utica v. BenderNew York Supreme Court · 1839
- Livingston v. HastieNew York Supreme Court · 1804
- Sherwood v. Snow, Foote & Co.Supreme Court of Iowa · 1877
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