Union National Bank v. Underhill
New York Supreme Court
Appeal by tbe defendant Underhill, from a judgment entered against him, upon a verdict directed by the court in favor of the plaintiff, and from an order denying a motion for a new trial, made upon the minutes of the judge before whom the action was tried. The authority of one partner to bind his copartners is strictly and without exception limited to transactions within the scope of, and pertaining to the business of the partnership.
Read the full summary
Appeal by tbe defendant Underhill, from a judgment entered against him, upon a verdict directed by the court in favor of the plaintiff, and from an order denying a motion for a new trial, made upon the minutes of the judge before whom the action was tried. The authority of one partner to bind his copartners is strictly and without exception limited to transactions within the scope of, and pertaining to the business of the partnership. ( Welles v. Mar eh, 30" N. Y., 344 ; Oodkroft v. Olaflin, 64 Barb., 464; Elliot v. Dudley, 19 Id., 330; Pinckney v. Keyler, 4 E. D. Smith, 471; Sweetser v.…
1Opinion of the Court
Barrett, J.:
For some time prior to the transaction in litigation, the plaintiff bank, and Jesse S. Cheyney, had had dealings together, which finally resulted in an indebtedness to the former of some $5,000. For this, the bank held Cheyney’s protested check, indorsed by one Tail. The latter was an accommodation indorser, of which the bank was aware. After holding the protested check for some time, the bank began pressing both Cheyney and Vail for a settlement. Thereupon, Vail went to Cheyney, and induced him to give his firm' notes to take up the check. This firm was composed of Cheyney and…
2Cases cited7 opinions
- Dob & Dob v. HalseyNew York Supreme Court · 1819
- Gansevoort v. WilliamsNew York Supreme Court · 1835
- Livingston v. HastieNew York Supreme Court · 1804
- Bank of Vergennes v. CameronNew York Supreme Court · 1849
- Elliott v. DudleyNew York Supreme Court · 1855
2 more not listed; retrieve them via the Exa API.