Stall v. Catskill Bank
New York Supreme Court
[467] [468] Error from the supreme court. This was an action by the Catskill Bank against Jacob I. Stall, John I. Traver, and Henry Teats, junior, on a promissory note drawn by one E.dward Shook, for the sum of $1000, payable to the defendants, who transacted business together under the partnership name of J. I. Stall & Co. The note was endorsed by Teats, one of the defendants, in the partnership name, for the accommodation of Shook, the maker of the not.e.
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[467] [468] Error from the supreme court. This was an action by the Catskill Bank against Jacob I. Stall, John I. Traver, and Henry Teats, junior, on a promissory note drawn by one E.dward Shook, for the sum of $1000, payable to the defendants, who transacted business together under the partnership name of J. I. Stall & Co. The note was endorsed by Teats, one of the defendants, in the partnership name, for the accommodation of Shook, the maker of the not.e. Stall did not know of the transaction at the time of the endorsement, and never gave his assent to it. Shook sent the note to a Mr.…
1Opinion of the Court
After advisement, the following opinions were delivered :
By the Chancellor.
[473] Three questions are presented for consideration on this writ of error : 1. Whether Hill was a competent witness, after having transferred his stock; 2. Whether the defendants in error were legally chargeable with notice that J. I. "Stall & Co. had endorsed the note as mere sureties, and that all the copartners had not assented to such endorsement ; and 3. Whether the notice of protest was sufficient.
[474] [475] It is a technical rule, that a witness who has any interest, either legal or equi table, in the event…
2Cases cited9 opinions
- Commercial Bank v. HughesNew York Supreme Court · 1837
- Utica Insurance v. CadwellNew York Supreme Court · 1829
- Gansevoort v. WilliamsNew York Supreme Court · 1835
- Moore v. HitchcockNew York Supreme Court · 1830
- Livingston v. HastieNew York Supreme Court · 1804
4 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Williams v. . WilliamsNew York Court of Appeals · 1853
- In re HornidgeNew York Surrogate's Court · 1929
- Crooke v. . County of KingsNew York Court of Appeals · 1884
- Edgerly v. BarkerSupreme Court of New Hampshire · 1891
- In re the Transfer Tax upon the Trust Created by the Will of HaggertyAppellate Division of the Supreme Court of the State of New York · 1908
19 more not listed; retrieve them via the Exa API.