Houghton v. First National Bank
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. Action on a promissory note for $1,005.19, at two months, made by Eugene Costigan, June 23, 1869, at Pentwater, Mich., payable to the order of Wadsworth, Adams & Co., of Milwaukee in this state, at the Merchants’ National Bank in said last mentioned city, and alleged to have been indorsed by the payees to the defendant bank (located and doing business at Elk-horn in this state), and by it to one Chase, and by him to…
Read the full summary
APPEAL from the Circuit Court for Milwaukee County. Action on a promissory note for $1,005.19, at two months, made by Eugene Costigan, June 23, 1869, at Pentwater, Mich., payable to the order of Wadsworth, Adams & Co., of Milwaukee in this state, at the Merchants’ National Bank in said last mentioned city, and alleged to have been indorsed by the payees to the defendant bank (located and doing business at Elk-horn in this state), and by it to one Chase, and by him to plaintiffs. Due presentment, with non-payment and notice to the defendant bank are averred. Costigan did not answer. The answer…
1Opinion of the CourtCole, J.
To our minds the position that the in-dorsement of Buckley, in the manner in which it was made, is to be treated as his personal indorsement, and not one in his official character, binding upon the bank, is clearly untenable. In the first place, Buckley was the cashier of the bank, the person who, in the *668regular course of business, was authorized to indorse notes for the bank. He indorsed the note in question by signing his name, “ Geo. Buckley, Cas.” Now, it is said that the name of the bank does not anywhere appear in the indorsement, and that the paper does not Bear any evidence to connect…
2Cases cited4 opinions
- Farmers & Mechanics' Bank v. Butchers & Drovers' BankNew York Court of Appeals · 1857
- Bank of N.Y. v. . Bank of OhioNew York Court of Appeals · 1864
- Rockwell v. Elkhorn BankWisconsin Supreme Court · 1860
- Claflin v. Farmers & Citizens' BankNew York Supreme Court · 1861
3Cited by18 opinions
- Liebscher v. KrausWisconsin Supreme Court · 1889
- Davenport v. StoneMichigan Supreme Court · 1895
- Farmers' & Merchants' Nat. Bank v. SmithCourt of Appeals for the Eighth Circuit · 1896
- City National Bank v. ThomasNebraska Supreme Court · 1896
- Hitt Fireworks Co. v. Scandinavian American BankWashington Supreme Court · 1921
13 more not listed; retrieve them via the Exa API.