Third National Bank of Buffalo v. Guenther
Superior Court of Buffalo
The Third National Bank of Buffalo, to recover on a promissory note made by the defendant, sued Georgeanna J. Guenther, in the name of Henry T. Gillett & Co., in which name she carried on a mercantile business for her own account. At a jury term of the court the bank was non-suited, and from the judgment entered on the non-suit she appealed to the General Term of the superior court of Buffalo. The further facts appear in the opinion of the court.
1Opinion of the Court
Sheldon, Ch. J.
It appeared in this case that the defendant Gruenther succeeded, as legatee, to the ownership of the established business of Henry T. Gfilleit & Son in Buffalo, and in May, 1876, made and published a certificate under the statute that she had become the sole owner of that business, and would continue it at the same place, under the management of her husband as her agent, and under the same firm name of Henry T. Grillett & Son. This was the only trade or business she carried on from 1876 until after the note in suit was discounted by the plaintiff in January, 1883, and she was…
2Cases cited10 opinions
- Drury v. FosterSupreme Court of the United States · 1865
- The Bank of the United States v. Elizabeth LeeSupreme Court of the United States · 1839
- Corn Exchange Insurance v. BabcockNew York Court of Appeals · 1870
- Schwartz v. SaundersIllinois Supreme Court · 1867
- Morrison v. WilsonCalifornia Supreme Court · 1859
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