Calkins v. . Smith
New York Court of Appeals
Appeal from the judgment of the General Term of the Supreme Court in the eighth judicial district, affirming a judgment in favor of defendant, entered upon the decision of the court upon trial at circuit without a jury.
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Appeal from the judgment of the General Term of the Supreme Court in the eighth judicial district, affirming a judgment in favor of defendant, entered upon the decision of the court upon trial at circuit without a jury. The alleged cause of action arises out of the following facts : On the nineteenth day of April, 1861, Charles W. Grannis, James Calkins, Gustavus A. Scroggs and Eollin Ger-main formed a copartnership, under the name of Germain & Co. On the twenty-fourth day of May, 1862, Eollin Germain made two promissory notes, bearing date on that day, payable to the order of Germain & Co.,…
1Opinion of the Court
Eabl, O.
I propose to consider in this case but one question, which I regard as decisive of this appeal. When Ger-main indorsed the name of Germain & Oo. upon the notes, without the knowledge or consent of his copartners, to pay his private debt, he undoubtedly committed a fraud upon them; and if the defendant aided in this fraud by transferring the notes to a bona, fide holder, who could enforce them against all members of the firm, he was also guilty of a fraud, and liable to the copartners of Germain for all the damage he occasioned to them. But the fraud was not upon the firm. It was upon…
2Cited by12 opinions
- Oil & Gas Ventures-First 1958 Fund, Ltd. v. KungDistrict Court, S.D. New York · 1966
- M.I.F. Securities Co. v. R. C. Stamm & Co.Appellate Division of the Supreme Court of the State of New York · 1983
- Cotzhausen v. JuddWisconsin Supreme Court · 1877
- Lester v. HawkinsCourt of Appeals of Texas · 1915
- Bird v. LanphearAppellate Division of the Supreme Court of the State of New York · 1896
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