Stedeker v. . Bernard
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas, in and for the city and county of Hew York, entered upon an order made June 25, 1883, which affirmed a judgment against defendant Bernard, entered upon an order of Special Term.
Read the full summary
Appeal from judgment of the General Term of the Court of Common Pleas, in and for the city and county of Hew York, entered upon an order made June 25, 1883, which affirmed a judgment against defendant Bernard, entered upon an order of Special Term. The complaint in this action alleged in substance that defendants were copartners doing business under the firm name of H. 0. Bernard & Co.; that said firm executed and delivered to plaintiff a check for $5,000, which was dishonored on presentation to the bank upon which it was drawn. The answer denied that the check was made on behalf of or by the…
1Opinion of the CourtAndrews, J.
There is no denial in the answer, of the averment in the complaint that the defendant Bernard, executed the check in the firm name of H. O. Bernard & Co. Regarding the answer in the light most favorable to the defendant, it simply denies that the check was made by the copartnership, and this denial is coupled with the averment that it was made by the defendant Bernard, for his own purposes, and not in the business of the firm, which was known to the plaintiff when he received it. Upon the pleadings the defendant Bernard, by his own showing, was in any event liable upon the check. • If the…
2Cases cited3 opinions
- McIntosh v. . EnsignNew York Court of Appeals · 1863
- Candee v. . SmithNew York Court of Appeals · 1883
- Fielden v. LahensNew York Court of Appeals · 1867
3Cited by17 opinions
- Tillamook Dairy Ass'n v. SchermerhornOregon Supreme Court · 1897
- Weidman v. SibleyAppellate Division of the Supreme Court of the State of New York · 1897
- Draper v. Interborough Rapid Transit Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Tanzer v. BreenAppellate Division of the Supreme Court of the State of New York · 1909
- Brodek v. FarnumWashington Supreme Court · 1895
12 more not listed; retrieve them via the Exa API.