Collins v. Allen
New York Supreme Court
This was an action of assumpsit tried at the Monroe circuit in April, 1832, before the Hon. Addison Gardiner, one of the circuit judges. The plaintiffs declared on a promissory note for $55, given by the defendant, bearing date 20th September, 1831, payable one day after date, to David Williams or bearer, which was transferred by the payee to the plaintiffs.
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This was an action of assumpsit tried at the Monroe circuit in April, 1832, before the Hon. Addison Gardiner, one of the circuit judges. The plaintiffs declared on a promissory note for $55, given by the defendant, bearing date 20th September, 1831, payable one day after date, to David Williams or bearer, which was transferred by the payee to the plaintiffs. The note was transferred on the 24th October, 1831. The defendant, in pursuance of a notice accompanying his plea, gave in evidence a note for $75, given by Williams, the payee of the note declared on, bearing date 12th June, 1831,…
1Opinion of the Court
By the Court,
Nelson, J.
The verdict in this case was right. The defendant was individually responsible for the demand of Williams under the contract for drawing stone, and that being to an amount more than sufficient for the purpose, exhausted the note transferred to the defendant by Tanner.
Although the defendant entered into the contract for the drawing of the stone as one of the building committee of the Baptist College, he was individually liable, unless he showed such an authority to contract as would bind his principals. 13 Johns. R. 307. No such authority was shown. It did not even…
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