Lake Shore Nat. Bank v. Butler Colliery Co.
New York Supreme Court
Appeal from judgment on report of referee. The defendant is a corporation■ organized under the General Laws of the 'State of Pennsylvania for the purpose of mining for coal, and preparing the same for and conveying it to market. The lands upon which it was authorized to carry on its operations were all located in the state of Pennsylvania.
Read the full summary
Appeal from judgment on report of referee. The defendant is a corporation■ organized under the General Laws of the 'State of Pennsylvania for the purpose of mining for coal, and preparing the same for and conveying it to market. The lands upon which it was authorized to carry on its operations were all located in the state of Pennsylvania. The statute provides that the business of corporations organized under its provisions shall be managed and conducted by a president, board of directors, .a clerk, treasurer, and such other officers, agents, and factors as the company .may authorize to act…
1Opinion of the Court
Barker, P. J., (after stating the facts as above.)
We have reached the ■conclusion that notice of the demand, non-payment, and protest of the Elieanora B. Grant note was not duly served, so as to charge the defendant.as in■dorser, for reasons hereinafter stated. Upon the facts, as found by the referee and set forth in his decision, the legal conclusion that the defendant is liable as indorser upon each of the other notes is well supported. The evidence, as set forth in the ease, tends to support each fact which it was neces-sary for the plaintiff to maintain to establish the defendant’s…
2Cases cited4 opinions
- Porter v. . SmithNew York Court of Appeals · 1887
- Moss v. . LivingstonNew York Court of Appeals · 1850
- Exchange Bank v. MonteathNew York Supreme Court · 1853
- Smith v. WhiteNew York Court of Appeals · 1861
3Cited by2 opinions
- Third National Bank v. Butler Colliery Co.New York Supreme Court · 1891
- Kneeland v. CoatsworthSuperior Court of Buffalo · 1890