Palmer v. Stephens
Court for the Trial of Impeachments and Correction of Errors
Assumpsit, tried at the Albany circuit in February, 1844, before Cushman, late C. Judge. The plaintiff gave in evidence a promissory note payable to himself, the body and signature of which were proved to he in the hand-writing of the defendant, which was in the following words: “On demand, for value received, we promise to Nathaniel Palmer one thousand dollars, on interest. Coeymans, Nov. 20, 1841. G. Stephens.
Read the full summary
Assumpsit, tried at the Albany circuit in February, 1844, before Cushman, late C. Judge. The plaintiff gave in evidence a promissory note payable to himself, the body and signature of which were proved to he in the hand-writing of the defendant, which was in the following words: “On demand, for value received, we promise to Nathaniel Palmer one thousand dollars, on interest. Coeymans, Nov. 20, 1841. G. Stephens. W. G. S.” The plaintiff then rested; and the defendant’s counsel stated the defence to be, that the firm of Gideon Stephens & Sons, for whom they alleged the note was given by the…
1Opinion of the Court
By the Court, Beardsley, J.
A person may execute an instrument and bind himslf as effectually by his initials as by writing his name in full. (The Merchants’ Bank v. Spicer, 6 Wend. 443.) Figures or a mark may be used in lieu of the *479proper name; and where either is substituted by a party, intending thereby to bind himself, the signature is effective to all intents and purposes. (Brown v. The Butchers' and Drovers' Bank, 6 Hill, 443 ; Williamson v. Johnson, 1 Barn. & Cress. 146; Bank v. Flanders, 4 N. Hamp. R. 239, 247, 8.) If the defendant, therefore, by placing his initials under the name of…
2Cases cited3 opinions
- Rossiter v. RossiterNew York Supreme Court · 1832
- Pentz v. StantonNew York Supreme Court · 1833
- Merchants' Bank v. SpicerNew York Supreme Court · 1831
3Cited by32 opinions
- Dung v. . ParkerNew York Court of Appeals · 1873
- White v. . MadisonNew York Court of Appeals · 1862
- Bartlett v. TuckerMassachusetts Supreme Judicial Court · 1870
- New Georgia National Bank of Albany, Georgia v. J. & G. LippmannNew York Court of Appeals · 1928
- David v. . Williamsburgh City Fire Ins. Co.New York Court of Appeals · 1880
27 more not listed; retrieve them via the Exa API.