Commercial Bank of Buffalo v. . Warren

It was proved that the indorsement of Smith Warren, on which the defendant is sought to be charged, was written by Smith, the maker of the note, without the knowledge, consent or authority of the defendant, for Smith's own individual benefit, and for no purpose connected with the business of the firm of Smith Warren, and neither for the benefit of the firm, nor Warren; and that all these facts were known to the plaintiff at the time of the indorsement. Upon these facts no question is made, nor could any be made, of Warren's being not liable. There is proof of several subsequent promises on…