Smith v. Weston
New York Supreme Court
Appeal from circuit court, Cattaraugus county. Action by William H. Smith against Abijah Weston on a promissory note. From a judgment entered on the verdict directed in favor of defendant, plaintiff appeals.
1Opinion of the CourtLewis, J.
The action was against the defendants as second indorsers upon a promissory note made by George Van Campen & Sons for the sum of §2,000, payable to the order of J. K. Van Campen, administrator, etc. It was indorsed by the payee, who was a member of the firm of makers, and at his request William W. Weston, one of the firm of Weston Bros., indorsed thereon the firm name of Weston Bros. Abijah Weston alone defended. The indorsement of the defendant’s firm name was for the accommodation of the makers, and not in the course of the partnership business, and was made without the knowledge or consent…
2Cases cited3 opinions
- Thompson v. . SimpsonNew York Court of Appeals · 1891
- National Park Bank v. German-American Mutual Warehousing & Security Co.New York Court of Appeals · 1889
- Nat. Park Bk. v. . G.A.M.W. S. Co.New York Court of Appeals · 1889
3Cited by4 opinions
- First National Bank of Friendship v. WestonAppellate Division of the Supreme Court of the State of New York · 1898
- Hunter v. AllenAppellate Division of the Supreme Court of the State of New York · 1905
- First Nat. Bank of Friendship v. WestonNew York Supreme Court · 1895
- Lincoln National Bank v. ButlerAppellate Terms of the Supreme Court of New York · 1896