Legal Opinion

Fifth National Bank v. Navassa Phosphate Co.

The Superior Court of the City of New York and Buffalo

Decided June 28, 1889PublishedCited by 9 opinions

Appeal from jury term. Plaintiff appeals from a judgment dismissing its complaint at the close of the evidence. The facts appear in the opinion.

1Opinion of the CourtSedgwick, C. J.

The action was against the defendant as indorser of two promissory notes. On their face the notes were payable to the order of Navassa Phosphate Company. The indorsement was, “Navassa Phosphate Company, W. E. Lavvton, Prest.,” and then the further indorsement, “Lawton. Brothers.” W. E. Lawton represented Lawton Bros., and there was no partner. The note was delivered to the plaintiff by W. E. Lawton, was discounted for him, and the proceeds remitted to him. The question on the trial was whether the indorsement “Navassa Phosphate Company” was the indorsement of the defendant. Prima facie, the…

2Cited by9 opinions

  1. Steffenauer v. Mytelka & Rose, Inc.New Jersey Superior Court Appellate Division · 1965
  2. Davidson v. FornicolaNew Jersey Superior Court Appellate Division · 1955
  3. State Bd. of Medical Examiners v. WeinerNew Jersey Superior Court Appellate Division · 1961
  4. Westfield Investment Co. v. FellersNew Jersey Superior Court Appellate Division · 1962
  5. Congregation B'Nai Yisroel v. Millburn Tp.New Jersey Superior Court Appellate Division · 1955

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