Commercial Bank of Buffalo v. Warren
New York Court of Appeals
This action was brought in the former Recorder’s Court of Buffalo, against the defendant, as one of the firm of Smith & Warren, the other partner having been discharged under the bankrupt law of 1841. Upon the trial the following facts were proved.
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This action was brought in the former Recorder’s Court of Buffalo, against the defendant, as one of the firm of Smith & Warren, the other partner having been discharged under the bankrupt law of 1841. Upon the trial the following facts were proved. Smith and Warren were law partners; Smith made'his individual promissoiy note for $216.69, payable to the order of Smith & Warren; endorsed the same in the firm name: and procured it: to be discounted by the Commercial Bank of Buffalo, of which he was then a director and the legal counsel. The note was made by Smith, for his individual benefit, and…
1Opinion of the CourtJohnson, J.
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…
2Cases cited6 opinions
- Bank of Rutland v. BuckNew York Supreme Court · 1830
- Gansevoort v. WilliamsNew York Supreme Court · 1835
- Wilson v. WilliamsNew York Supreme Court · 1835
- McNeill's Ex'rs v. ReynoldsSupreme Court of Alabama · 1846
- Davis v. ShieldsNew York Supreme Court · 1840
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