Fowler v. Walch
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, Albert P. Fowler, as receiver, etc'., for a new trial upon a case containing exceptions,..ordered to be heard, at the Appellate Division in the first instance, the.-court having directed a verdict in defendant’s favor of “No cause of action,” at a Trial Term of the Supreme Court held in and for the county of Onondaga in October, 1906. The action was commenced on the 18th day of April, 1904, by the receiver of the American Exchange National Bank of…
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Motion by the plaintiff, Albert P. Fowler, as receiver, etc'., for a new trial upon a case containing exceptions,..ordered to be heard, at the Appellate Division in the first instance, the.-court having directed a verdict in defendant’s favor of “No cause of action,” at a Trial Term of the Supreme Court held in and for the county of Onondaga in October, 1906. The action was commenced on the 18th day of April, 1904, by the receiver of the American Exchange National Bank of Syracuse, which was. successor to the American Exchange Bank of Syracuse,' to ■ ■recover the balance claimed to be due and…
1Opinion of the Court
McLennan, P. J:, The question presented by this appeal is: May’the' president'of a bank who procures a note,, made by himself and others,'' to be dis- ' counted by said bank solely for the joint benefit of himself and of *543tlie other makers, by acting for or assuming to act for the bank, make any agreement respecting such, note which will in any manner relieve such makers, himself included, fpom their obligation to pay the same, when such agreement'made by the president has not been ratified by the .bank otherwise than by his acts as such president ?
The question should be answered broadly and…
2Cases cited3 opinions
- Claflin v. Farmers' & Citizens' Bank of Long IslandNew York Court of Appeals · 1862
- M.L. Ins. Co. v. . F.S.S. G.S.F.R.R. Co.New York Court of Appeals · 1893
- Bank of Le Roy v. PurdyAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by3 opinions
- First State Bank & Trust Co. of Mineral Wells v. DavidsonCourt of Appeals of Texas · 1924
- Mechanics Bank & Trust Co. v. StrattonAppellate Division of the Supreme Court of the State of New York · 1914
- Geneva National Bank v. O'BrienNew York Supreme Court · 1923