City Bank of Brooklyn v. . McChesney
New York Court of Appeals
Appeal from the Supreme Court. Action upon a promissory note purporting to be made by J. & A. Dearborn & Co. Upon the trial at the Kings Circuit before Mr. Justice Rockwell, these facts were proved: Previous to the making of the note on December 20th, 1853, John Dearborn, Alexander Dearborn and John McChesney, composed the firm of J. & A. Dearborn & Co., doing business in the city of Hew York. It had dealings with Ketchum & Co., the payees of the note.
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Appeal from the Supreme Court. Action upon a promissory note purporting to be made by J. & A. Dearborn & Co. Upon the trial at the Kings Circuit before Mr. Justice Rockwell, these facts were proved: Previous to the making of the note on December 20th, 1853, John Dearborn, Alexander Dearborn and John McChesney, composed the firm of J. & A. Dearborn & Co., doing business in the city of Hew York. It had dealings with Ketchum & Co., the payees of the note. On the 17th October, 1853, Alexander Dearborn withdrew from the firm and D. 0. Ketchum was subsequently, and before the note in question was…
1Opinion of the Court
Johnson, Ch. J.
The defendants’ first point is that the note in suit should not have been received in evidence because a witness had testified that one of the three persons sued as makers had said in the presence of another of the alleged makers to one of the indorsers, that he, the speaker, had never signed the words “ & Co.” to the note, and that the indorser addressed did not deny his statement. It had previously been shown that the note had been discounted by the plaintiffs in the ordinary course of their business, and was in their hands as holders at the time of this conversation. Under…
2Cases cited2 opinions
- Vernon v. Manhattan Co.Court for the Trial of Impeachments and Correction of Errors · 1839
- Cobb v. . CornishNew York Court of Appeals · 1858
3Cited by17 opinions
- Bank of Monongahela Valley v. . WestonNew York Court of Appeals · 1899
- Lovejoy v. SpaffordSupreme Court of the United States · 1876
- Rocky Mountain Nat. Bank v. McCaskillSupreme Court of Colorado · 1891
- Benjamin v. CovertWisconsin Supreme Court · 1879
- Southwick & Wheelock v. McGovernSupreme Court of Iowa · 1870
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