Casco National Bank of Portland v. Clark
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made May 9, 1892, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The note is a valid obligation of the Ridgewood Ice Company, and the appellants are not liable on it. It is not the note of the appellants.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made May 9, 1892, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The note is a valid obligation of the Ridgewood Ice Company, and the appellants are not liable on it. It is not the note of the appellants. (Moore v. McClure, 8 Hun, 557, 558, 559; Bank of Genesee v. Patchin, Bank, 13 N. Y. 309; 19 id. 312, 315, 319; Babcock, v.…
1Opinion of the CourtGray, J.
The action is upon a promissory note, in the following form, viz.:
It was delivered in payment for ice sold by the payee company to the Ridgewood Ice Company, under a contract between those companies, and was discounted by the plaintiff for the payee, before its maturity. The appellants Clark and- Close, appearing as makers upon the note, the one describing himself as “ Prest.” and the other as “ Treas.,” were made individually defendants. They defended on the ground-that' they had made the note as officers of the Ridgewood Ice Company and did not become personally liable thereby for the debt…
2Cases cited8 opinions
- Briggs v. . PartridgeNew York Court of Appeals · 1876
- Holden v. . New York and Erie BankNew York Court of Appeals · 1878
- Story v. ElliotCourt for the Trial of Impeachments and Correction of Errors · 1827
- Pentz v. StantonNew York Supreme Court · 1833
- Bank of Genesee v. . Patchin BankNew York Court of Appeals · 1859
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3Cited by47 opinions
- Corrigan v. . Bobbs-Merrill Co.New York Court of Appeals · 1920
- Scientific Holding Company, Ltd. v. Plessey IncorporatedCourt of Appeals for the Second Circuit · 1974
- Benedict v. . ArnouxNew York Court of Appeals · 1898
- Henry v. . AllenNew York Court of Appeals · 1896
- In Re TikijianUnited States Bankruptcy Court, S.D. New York · 1987
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