Hicks v. Hinde
New York Supreme Court
This was an action brought upon a draft, dated Aug. 1,1848, drawn by the defendant Hinde as agent, on the defendant L. T. Beardsley, in favor of the plaintiff Hicks, for $120,82. Hinde signed the draft John Hinde, agent.” The draft was accepted by Beardsley, but was not paid by him when it became due. It was protested for non-payment, and notice was given to Hinde. Hinde, at date of the draft, had charge of a factory in Waterford, for Beardsley, as his agent.
Read the full summary
This was an action brought upon a draft, dated Aug. 1,1848, drawn by the defendant Hinde as agent, on the defendant L. T. Beardsley, in favor of the plaintiff Hicks, for $120,82. Hinde signed the draft John Hinde, agent.” The draft was accepted by Beardsley, but was not paid by him when it became due. It was protested for non-payment, and notice was given to Hinde. Hinde, at date of the draft, had charge of a factory in Waterford, for Beardsley, as his agent. Beardsley authorized Hinde to draw the draft as his agent. It was drawn for rent due by Beardsley to Hicks. Hicks, Hinde and Beardsley…
1Opinion of the CourtPaige, J.
It is insisted, on the part of the plaintiff, that Hinde is personally liable on the draft, as it does not appear on the face of the draft that he signed it as agent of Beardsley. It is also insisted that parol evidence is inadmissible' to explain, *529add to, or vary, the draft. The case of Pentz v. Stanton, (10 Wend. 271,) is cited in support of these propositions. In that case one West was the agent of a manufacturing establishment, and as such purchased a quantity of dye stuffs for the use of the factory, without disclosing the name of his principal, and the bill of goods was made out against…
2Cases cited12 opinions
- Mechanics' Bank v. Bank of ColumbiaSupreme Court of the United States · 1820
- Stackpole v. ArnoldMassachusetts Supreme Judicial Court · 1814
- Dubois v. Delaware & Hudson Canal Co.New York Supreme Court · 1830
- Pentz v. StantonNew York Supreme Court · 1833
- Randall v. Van VechtenNew York Supreme Court · 1821
7 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Bank of Genesee v. . Patchin BankNew York Court of Appeals · 1859
- Smith v. AlexanderSupreme Court of Missouri · 1860
- Schmittler v. . SimonNew York Court of Appeals · 1889
- Second National Bank v. Midland Steel Co.Indiana Supreme Court · 1900
- Conro v. Port Henry Iron Co.New York Supreme Court · 1851
15 more not listed; retrieve them via the Exa API.