Jacobus v. . Jamestown Mantel Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 14, 1912, affirming a judgment in favor of defendant entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, as stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 14, 1912, affirming a judgment in favor of defendant entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, as stated in the opinion. There was no evidence whatever to support a finding that when Searing, the Newton Trust Company’s vice-president, approved the purchase by it of the note, he was acting for that company. On the contrary, the uncontradicted evidence of defendant’s own witnesses entitled plaintiff to a finding…
1Opinion of the CourtChase, J.
This action is brought on a promissory note, of which the following is a copy:
“$2,500.00 New York, Oct. 8, 1909.
“ Six months after date we promise to pay to the order of ourselves, Two thousand five hundred & 00/100 dollars at Newton Trust Co., Newton, N. J., value received.
“JAMESTOWN MANTEL CO.
“Geo. M. Turner, Treas.”
Said note was indorsed “Jamestown Mantel Co., Geo. M. Turner, Treas.,” and it was thereafter delivered to and discounted by the Newton Trust Company, the assignor of the plaintiff. It is the last one of a series of like notes, the original of which was given in August, 1907. At…
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