Bridenbecker v. Lowell
New York Supreme Court
THIS action was brought against the defendant as an indorser of a note for $1000, made by one Gates, dated July 23d, 1855, and payable in ninety days from date. In September, 1856, the Frankfort Bank held notes of Gates indorsed by one Etheridge, to the amount of about $2300, a like note indorsed by one Chipps for $500, notes indorsed by Pomroy, the cashier of the bank, for about $1000, and the note in suit.
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THIS action was brought against the defendant as an indorser of a note for $1000, made by one Gates, dated July 23d, 1855, and payable in ninety days from date. In September, 1856, the Frankfort Bank held notes of Gates indorsed by one Etheridge, to the amount of about $2300, a like note indorsed by one Chipps for $500, notes indorsed by Pomroy, the cashier of the bank, for about $1000, and the note in suit. There had been paid to the bank, or to Pomroy, the cashier, from the avails of a chattel mortgage which had been given to Etheridge to secure him against his indorsements, and which had…
1Opinion of the Court
By the Court,
Allen, J.
The defendant insists that the referee erred in holding that Etheridge was not the agent of the plaintiff for the settlement of the debt in suit with Gates in Wisconsin, and that the same was not satisfied and discharged by the arrangement then made. Had Etheridge undertaken to compromise and discharge the note in suit, it might, at least, have been plausibly argued, upon the evidence, that he was the authorized agent of the plaintiff in that behalf, with full power to treat and act in respect to it. There was some.conflict of evidence upon the question whether the note…
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