Van Voorhis v. Brown
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John Yan Yoorhis, from a judgment of the Supreme Court in favor of the defendant Hannah F. Brown, entered in the office of the clerk of the county of Monroe on the 13th day of August, 1897, upon the decision of the court rendered after a, trial at the Monroe Special Term dismissing the complaint as to-said defendant.
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Appeal by the plaintiff, John Yan Yoorhis, from a judgment of the Supreme Court in favor of the defendant Hannah F. Brown, entered in the office of the clerk of the county of Monroe on the 13th day of August, 1897, upon the decision of the court rendered after a, trial at the Monroe Special Term dismissing the complaint as to-said defendant. This action was brought upon a promissory note of $500, dated September 17, 1894, payable ten days after date at the Traders’ National Bank in the city of Rochester, which bore the signature of “H. E. Webster & Co.” as makers, and was payable to the order…
1Per curiam
The answer of Mrs. Brown alleges that the avails of the note .in suit were received by the defendant Hawley E. Webster for his own use and benefit, and not for the firm of which he was a member ; and she avers that in no event is she liable for the same, by reason of the fact that the copartnership of H. E. Webster & Co. was a limited one, and that her relation thereto was that of a special partner only.
It is a fact concerning which there is no controversy whatever, that Hawley E. Webster improved the opportunity which his position as postmaster afforded him to appropriate either to his own…
2Cases cited5 opinions
- Chester v. . DickersonNew York Court of Appeals · 1873
- Union National Bank of Rahway v. UnderhillNew York Court of Appeals · 1886
- Livingston v. HastieNew York Supreme Court · 1804
- Jaques v. MarquandNew York Supreme Court · 1826
- Boyd v. PlumbNew York Supreme Court · 1831
3Cited by2 opinions
- Lucker v. IbaAppellate Division of the Supreme Court of the State of New York · 1900
- Lucker v. IbaAppellate Division of the Supreme Court of the State of New York · 1900