Megowan v. . Peterson
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 7, 1901, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 7, 1901, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant Peterson was a trustee for the creditors of Johnson & Peterson, and not an agent for creditors, and he had no authority to make and sign promissory notes which in any way bound the trust estate or the assets of…
1Opinion of the CourtHaight, J.
This action was brought to recover of the defendant personally the amount of a promissory note, of which the following is a copy :
“ $693.19. Brooklyn, Dee. 28, 1899.
“ Three months after date I promise to pay to the order of C. Stevens Co. six hundred and ninety-three 19/100 dollars at Kings County Bank of Bklyn, value received. Due March 28, 1900. CHARLES GL PETERSOK, Trustee .”
The plaintiffs were copartners doing business under the firm name of C. Stevens Co., and upon the trial, to establish their cause of action, introduced the note in question in evidence, the signature being admitted,…
2Cases cited9 opinions
- Benton v. . MartinNew York Court of Appeals · 1873
- Higgins v. . RidgwayNew York Court of Appeals · 1897
- Juilliard v. . ChaffeeNew York Court of Appeals · 1883
- Reynolds v. . RobinsonNew York Court of Appeals · 1888
- Baird v. BairdNew York Court of Appeals · 1895
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3Cited by49 opinions
- Rotuba Extruders, Inc. v. CepposNew York Court of Appeals · 1978
- Grannis v. . StevensNew York Court of Appeals · 1916
- Coal River Collieries v. Eureka Coal & Wood Co.Supreme Court of Virginia · 1926
- Jump v. SparlingMassachusetts Supreme Judicial Court · 1914
- New Georgia National Bank of Albany, Georgia v. J. & G. LippmannNew York Court of Appeals · 1928
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