Gansevoort v. Williams
New York Supreme Court
This was an action of assumpsit, tried at the Kings circuit in October, 1833, before the Hon. Ogden Edwards, one of the circuit judges. The suit was brought upon a note given by the defendants to J. Denison for $1080, dated 4th January, 1832, payable in ninety days, endorsed to the plaintiff.
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This was an action of assumpsit, tried at the Kings circuit in October, 1833, before the Hon. Ogden Edwards, one of the circuit judges. The suit was brought upon a note given by the defendants to J. Denison for $1080, dated 4th January, 1832, payable in ninety days, endorsed to the plaintiff. The origin of the note was as follows: About the first of July, 1830, ah accommodation loan of $2000 was obtained from the Bank of Albany by the firm of Denison Williams Sf Co., consisting of Denison Williams, one Smith and one Young; the note was drawn in the name of the firm and endorsed by Joseph…
1Opinion of the Court
By the Court,
Nelson, J.
It is clear that the debt, to secure the payment of which the note in question was given, was the private debt of Williams, and the plaintiff who had been an endorser previously at the bank for him, must be deemed chargeable with notice of the fact. He knew the paper of the firm was given by Williams for his own debt, when he endorsed this note, and (being obliged to know the law) that it was used for purposes not belonging to the partnership business. He ought not therefore to have confided in it, notwithstanding the strong representations of the agent of Williams,…
2Cases cited1 opinion
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