Burchell v. Voght
Appellate Division of the Supreme Court of the State of New York
Appeal from judgment on report of referee. Action by Susan Burchell against Henry H. Voght, impleaded with Joseph Bork. From a judgment for plaintiff, defendant Voght ap- peals.
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Appeal from judgment on report of referee. Action by Susan Burchell against Henry H. Voght, impleaded with Joseph Bork. From a judgment for plaintiff, defendant Voght ap- peals. This action was begun on the 1st day of June, 1896. It was brought to recover moneys alleged to have been loaned, and personal property alleged to have been sold, by John W. Leech to the defendants, as co-partners, and also for rents alleged to have been collected by the defendants, as such co-partners, for said Leech. The claims were assigned by John W. Leech to the plaintiff preceding the commencement of this…
1Opinion of the CourtFollett, J.
As between Henry H. Yoght and the assignor of the plaintiff, Yoght is conclusively presumed to have knowledge of the entries in the books of the firm of Bork & Voght. Bank v. Widener, 24 App. Div. 330, 48 N. Y. Supp. 492, and cases cited. The fact that Bork was permitted to use the books of the firm for his individual business does not change the rule, as between the firm, or the members thereof, and third persons. The moneys advanced by the plaintiff’s assignor were loaned by means of checks, entries in respect to which were made in the books of the firm, and they also entered into the bank…
2Cases cited3 opinions
- Flour City National Bank v. WidenerAppellate Division of the Supreme Court of the State of New York · 1897
- Baldwin's Bank v. ButlerNew York Supreme Court · 1891
- Baldwin's Bank v. MorrisNew York Supreme Court · 1892