Burchell v. Voght
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Henry H. Yoght, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 9th day of August, 1897, upon the report of a referee.
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Appeal by the defendant, Henry H. Yoght, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 9th day of August, 1897, upon the report of a referee. The action was brought by the plaintiff, as assignee of John W. Leech, against the defendants as copartners, composing the firm of Bork & Yoght, to recover certain moneys alleged to have been loaned to said defendants by the plaintiff’s assignor, together with certain moneys alleged to have been collected by the defendants for the plaintiff’s assignor, and the price of…
1Opinion of the Court
Follett, J.:
As between Henry H. Voglit and the assignor of the plaintiff, Voght is conclusively presumed to have knowledge of the entries in the books of the firm of Bork & Voght. (Flour City National Bank v. Widener, 24 App. Div. 330, and cases cited.) The fact that Bork was permitted to use the books of the firm for his individual business does not change the rule as between the firm, or the members thereof, and third persons. The moneys advanced by the plaintiff’s assignor were loaned by means of checks, entries in respect to which were made in the books of the firm, and they also entered…
2Cases cited2 opinions
- Flour City National Bank v. WidenerAppellate Division of the Supreme Court of the State of New York · 1897
- Baldwin's Bank v. ButlerNew York Supreme Court · 1891