Bank of Monongahela Valley v. . Weston
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 15, 1901, affirming a judgment in favor of defendant entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 15, 1901, affirming a judgment in favor of defendant entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. When a member of a firm knowrs of the unauthorized use of the firm name in the indorsement of paper, it becomes liis duty to stop it, and upon failure to do so he becomes estopped as to persons dealing with the paper in good faith and becomes liable for any loss they may…
1Opinion of the CourtO’Briex, J.
When this case was here upon a former appeal (159 N. Y. 201) we had to review exceptions taken by the plaintiff to a dismissal of the complaint at the trial. It now comes here in a different form, since there has been a verdict of a jury in favor of the defendants that has been unanimously affirmed below. Therefore, the question whether the verdict is supported by any evidence is not open to review in this court, but every other question of law properly raised at the trial is. It is quite impossible to peruse the record without being impressed with the difficulty of defending the judgment…
2Cases cited12 opinions
- Canajoharie National Bank v. DiefendorfNew York Court of Appeals · 1890
- Farmers & Mechanics' Bank v. Butchers & Drovers' BankNew York Court of Appeals · 1857
- Walsh v. . Hartford Fire Insurance Co.New York Court of Appeals · 1878
- Vosburgh v. . DiefendorfNew York Court of Appeals · 1890
- New York & New Haven Railroad v. SchuylerNew York Court of Appeals · 1865
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3Cited by5 opinions
- Gebby v. CarrilloNew Mexico Supreme Court · 1918
- Vollgraff v. BlockNew York Supreme Court · 1982
- Matter of Farley v. . MillerNew York Court of Appeals · 1916
- Overseas Credit Corp. v. Cal-Tech Systems, Inc.Appellate Division of the Supreme Court of the State of New York · 1964
- Richardson v. BeaberNew York Supreme Court · 1909