Van Voorhis v. Brown
Appellate Division of the Supreme Court of the State of New York
Appeal from equity term, Monroe county. Action by John Van Voorhis against Hannah F. Brown, impleaded with others. From a judgment dismissing the complaint, with costs, entered in Monroe county on a decision of the court at Monroe equity term, plaintiff appeals.
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Appeal from equity term, Monroe county. Action by John Van Voorhis against Hannah F. Brown, impleaded with others. From a judgment dismissing the complaint, with costs, entered in Monroe county on a decision of the court at Monroe equity term, plaintiff appeals. This action was brought upon a promissory note of §50Q, dated September 17, 1894, payable 10 days after date at the Traders’ National Bank, in the city of Rochester, which bore the signature of I-I. E. Webster & Co., as makers, and was payable to the order of the plaintiff. At the time this note bears date the firm of H. E. Webster &…
1Per curiam
The answer of Mrs. Brown alleges that the avails of the note in suit were received by the defendant Hawley E. Web*441ster for his own use and benefit, and not for the firm of which he was a member; and she avers.that in no event is she liable for the same, by reason of the fact that the co-partnership of H. E. Webster & Co. was a limited one, and that her relation thereto was that of a special partner only. It is a fact, concerning which there is no controversy whatever, that Hawley E. Webster improved the opportunity which his position as postmaster afforded him to appropriate, either to his own…
2Cases cited7 opinions
- Chester v. . DickersonNew York Court of Appeals · 1873
- Dob & Dob v. HalseyNew York Supreme Court · 1819
- Union National Bank of Rahway v. UnderhillNew York Court of Appeals · 1886
- Livingston v. HastieNew York Supreme Court · 1804
- Jaques v. MarquandNew York Supreme Court · 1826
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Lucker v. IbaAppellate Division of the Supreme Court of the State of New York · 1900