Chapin v. Pratt
New York Supreme Court
Appeal from judgment on report of referee. Action by Hiland H. Chapin, as indorsee from Agnes M. Huggins, against A. V. Pratt. From a judgment for plaintiff, defendant appeals. Affirmed.
1Opinion of the CourtPutnam, J.
The check in suit was given for a valuable consideration, and plaintiff, as indorsee, properly obtained judgment thereon, unless the defense asserted by defendant, of rescission of contract, (or accord and satisfaction,) was established on the trial. The burden was upon the defendant to establish such defense. He claimed that the alleged settlement was made between William J. Huggins, as agent of the indorsee, and himself. It was for the defendant to show the authority of the agent, and he was bound to show an express authority, no general agency being shown. Messmore v. Haulenbeek, 15 Hun,…
2Cases cited2 opinions
- McKyring v. . BullNew York Court of Appeals · 1857
- Potter v. GatesNew York Supreme Court · 1890
3Cited by2 opinions
- State Ex Rel. Attorney General v. City of Fort LauderdaleSupreme Court of Florida · 1931
- Chapin v. PrattNew York Supreme Court · 1892