Bank of Auburn v. Putnam
New York Court of Appeals
The Bank of Auburn brought this action in the supreme court against Aaron Quimby and Isaac Bell, the president of the Farmers’ and Mechanics’ Protection Company of Weeds-port, to recover on a promissory note for one thousand dollars, made by Quimby to the order of said company, and indorsed by one Bliss, their agent. At the trial Lewis Putnam, the successor of Bell, was substituted in the title of the cause.
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The Bank of Auburn brought this action in the supreme court against Aaron Quimby and Isaac Bell, the president of the Farmers’ and Mechanics’ Protection Company of Weeds-port, to recover on a promissory note for one thousand dollars, made by Quimby to the order of said company, and indorsed by one Bliss, their agent. At the trial Lewis Putnam, the successor of Bell, was substituted in the title of the cause. The judge bfefore whom the cause was tried found the following facts: That oh August 19, 1854, Aaron Quimby made the promissory note set forth in the complaint. That he delivered the same…
1Opinion of the Court
By the Court.
Parker, J.
It is found, as a fact in this case, that Bliss, who indorsed the note in question, in the name of the defendants, as their agent, had frequently before indorsed their business paper in the same manner, and procured it to be discounted by the plaintiff, which indorsements had been recognized by the defendants.
*85It is also found that this note was discounted for the defendants upon their application through their secretary, and the avails paid over to him, which the defendants had and used in their business, as commission dealers, in buying grain for the maker, and that…
2Cases cited1 opinion
- Magie v. . BakerNew York Court of Appeals · 1856