New-York Firemen Insurance Co. v. Bennett
Supreme Court of Connecticut
This was an action against Thaddeus W. Bennett, Lathrop L. Sturges and Ebenezer P. Cady, merchants in company, under the firm of Bennett, Cady & Co., as indorsers of a promissory note made by Sturges & Sherman. The cause was tried, on the general issue, at Fairfield, December term, 1822, before Chapman, J. The plaintiffs gave in evidence the charter of the company; and the defentants, the laws of the state of New-York in relation thereto.
Read the full summary
This was an action against Thaddeus W. Bennett, Lathrop L. Sturges and Ebenezer P. Cady, merchants in company, under the firm of Bennett, Cady & Co., as indorsers of a promissory note made by Sturges & Sherman. The cause was tried, on the general issue, at Fairfield, December term, 1822, before Chapman, J. The plaintiffs gave in evidence the charter of the company; and the defentants, the laws of the state of New-York in relation thereto. (a) The plaintiffs kept an office in the city of New-York, for the purpose of transacting their business as an insurance company; at which the note in…
1Opinion of the Court
Hosmer, Ch. J.
The opinion expressed by the Court, in the preceding case of The New-York Firemen insurance Company v. Ely and Parsons, is equally applicable to this case; and, on the ground of a loan on discount of the note in question, which the plaintiffs had no authority to make, the determination of the judge at the circuit was erroneous, and a new trial must be granted.
The case, however, presents another question of great practical importance, which, in my opinion, was incorrectly decided.
The note in suit was indorsed by Thaddeus W. Bennett, by signing the copartnership firm of Bennett,…
2Cases cited1 opinion
- Livingston v. HastieNew York Supreme Court · 1804
3Cited by9 opinions
- Mauldin v. Branch Bank at MobileSupreme Court of Alabama · 1841
- Straus v. Eagle InsuranceOhio Supreme Court · 1855
- Pease v. ColeSupreme Court of Connecticut · 1885
- Seufert v. GilleSupreme Court of Missouri · 1910
- Mechanics' Bank v. BarnesMichigan Supreme Court · 1891
4 more not listed; retrieve them via the Exa API.