Traders' Bank v. Bradner
New York Supreme Court
THE action is against Lester Bradner and Lewis W. Carroll makers, as copartners under the firm name of Bradner & Carroll, and the other defendants as acceptors, as copartners under the firm name of Lowrey, Strang & Co. of a draft of $17,000, dated February 6, 1862, payable ninety days after date, to the order of D. Lowrey, indorsed by him, accepted by the drawees and discounted by the plaintiff.
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THE action is against Lester Bradner and Lewis W. Carroll makers, as copartners under the firm name of Bradner & Carroll, and the other defendants as acceptors, as copartners under the firm name of Lowrey, Strang & Co. of a draft of $17,000, dated February 6, 1862, payable ninety days after date, to the order of D. Lowrey, indorsed by him, accepted by the drawees and discounted by the plaintiff. The defenses by Bradner were, first, the denial of a copartnership of himself and Carroll at the date of the draft; also a denial that they made and delivered the draft, and transferred the same for a…
1Opinion of the Court
By the Court,
James C. Smith, J.
It appears from the evidence that the plaintiff received the draft in suit from Lowrey, the payee, knowing at the time that he was a member of the firm of Lowrey, Strang & Co., the drawees and acceptors. The defendants insist that these facts charge the plaintiff with notice that the draft was made for the accommodation of *391Lowrey, Strang & Co., and 'that Bradner & Carroll, the drawers, were mere sureties for that firm, and impose upon the plaintiff the burden of proving the assent of Bradner to such use of the firm name. I think this position can not be…
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- Fellows v. PrentissCourt for the Trial of Impeachments and Correction of Errors · 1846
- Bank of Salina v. BabcockNew York Supreme Court · 1839
- Wardell v. HowellNew York Supreme Court · 1832
- Meads v. . the Merchants' Bank of AlbanyNew York Court of Appeals · 1862
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