Jemison v. Citizens' Savings Bank of Jefferson
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made January 30,1888, which affirmed a judgment in favor of defendant entered upon a decision of the Special Term dismissing the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. “ Parsons, Cashier,” had power to bind the defendants, if the latter had power to do the act, or was estopped from denying such power.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made January 30,1888, which affirmed a judgment in favor of defendant entered upon a decision of the Special Term dismissing the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. “ Parsons, Cashier,” had power to bind the defendants, if the latter had power to do the act, or was estopped from denying such power. (Beveridge v. M. E. R. Co., 112 N. Y. 1, 22, 23; Risley v. R. R. Co., 1 Hun, 202; 62 N. Y. 240, 245; Phillips v.…
1Opinion of the CourtHaight, J.
The plaintiffs were commission merchants and members of the Cotton Exchange of the city of 27ew York. The defendant was a savings bank and trust corporation organized under the laws of Texas.
This action was brought to recover commissions, and for money claimed to have been expended for the defendant on the purchase and sale of cotton futures.
The defense was that the defendant, as a savings bank and trust corporation, had no power or authority to deal in the purchase and sale of cotton for future delivery, or in contracts for the purpose of speculation; that in the transaction alleged in the…
2Cases cited10 opinions
- Whitney Arms Co. v. . BarlowNew York Court of Appeals · 1875
- Relfe v. RundleSupreme Court of the United States · 1881
- Davis v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1881
- State v. JohnstonTennessee Supreme Court · 1847
- Parish v. . WheelerNew York Court of Appeals · 1860
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