Barker v. Mechanic Fire Insurance
New York Supreme Court
Demurrer to declaration. The first count of the declaration set forth that the Mechanic Fire Insurance Company 0f the city of New-York was a body corporate and politic in . , r , fact and m name; and being such body corporate and politic, anc* one John Franklin being the president of said company, and being thereunto duly authorised, and acting within the SC0Pe °f the legitimate purposes of the company, on the 1st July, 1823, at, &c. made a certain promissory note, and then…
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Demurrer to declaration. The first count of the declaration set forth that the Mechanic Fire Insurance Company 0f the city of New-York was a body corporate and politic in . , r , fact and m name; and being such body corporate and politic, anc* one John Franklin being the president of said company, and being thereunto duly authorised, and acting within the SC0Pe °f the legitimate purposes of the company, on the 1st July, 1823, at, &c. made a certain promissory note, and then and there delivered the same to the president and directors of the Life and Fire Insurance Company; by which said note…
1Opinion of the Court
By the Court,
Savage, Ch. J.
Several objections are raised to the sufficiency of the first count of the declaration: I. That the defendants had no authority to make a promissory note; 2. That the note described is the note of John Franklin, and not of the defendants; 3. That it is payable to the president and directors of the Life and Fire Insurance Company, and endorsed by the assistant president and secretary, in their own names; and 4. That the Life and Fire have no authority to endorse negotiable paper.
1. It has been decided, that a corporation is liable upon contracts not under seal, made…
2Cited by54 opinions
- Briggs v. . PartridgeNew York Court of Appeals · 1876
- Tucker Manufacturing Co. v. FairbanksMassachusetts Supreme Judicial Court · 1867
- New Georgia National Bank of Albany, Georgia v. J. & G. LippmannNew York Court of Appeals · 1928
- Moss v. . AverellNew York Court of Appeals · 1853
- Powers v. BriggsIllinois Supreme Court · 1875
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