White v. Madison
New York Court of Appeals
Appeal from the Supreme Co'urt. Action by the receiver of the Union Insurance Company (a mutual company, organized. under the act of April 10, 1849), to recover the amount of a promissory note, alleged to have been executed by the defendant, in the name of H. D. Snow, without authority, of which note the following is a copy: “ $105. For value received in policy Ho. 5405, dated July 15, 1852, issued by the Union Insurance Company, at Fort Plain, N. Y., I promise to pay to the…
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Appeal from the Supreme Co'urt. Action by the receiver of the Union Insurance Company (a mutual company, organized. under the act of April 10, 1849), to recover the amount of a promissory note, alleged to have been executed by the defendant, in the name of H. D. Snow, without authority, of which note the following is a copy: “ $105. For value received in policy Ho. 5405, dated July 15, 1852, issued by the Union Insurance Company, at Fort Plain, N. Y., I promise to pay to the said company, or their treasurer for the time being, the sum of one hundred and five dollars, in such portions, and at…
1Opinion of the CourtSelden, J.
It was proved on the trial in this case that the defendant, on the trial of the former action against the sheriff, testified that he had no authority from the sheriff to execute "in his name the note mentioned in the complaint, unless that" authority was within his general powers as a deputy of the sheriff; and the counsel on both sides have assumed that he had, as deputy, no such authority. It seems also to have been assumed that the sheriff had no power to insure, in his official capacity, the goods attached, and that consequently the deputy could not insure them in his name. The question…
2Cases cited8 opinions
- Hatch v. MannCourt for the Trial of Impeachments and Correction of Errors · 1835
- White v. SkinnerNew York Supreme Court · 1816
- De Forest v. Fulton Fire InsuranceThe Superior Court of New York City · 1828
- Palmer v. StephensCourt for the Trial of Impeachments and Correction of Errors · 1845
- Ladd v. NorthMassachusetts Supreme Judicial Court · 1807
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3Cited by1 opinion
- Buck v. HoughtalingAppellate Division of the Supreme Court of the State of New York · 1905