Dalrymple v. . Hillenbrand
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 2 Hun, 488 ; 5 T. & 0., 57.) This action was against defendant as an indorser of a promissory note, alleged to have been made by the firm of “ Altenbrand Bros., ” dated April 24, 1872, for $1,000, payable twelve months from date, and delivered to the firm of “ Chamberlain Bros., ” and sold and transferred by them before maturity to plaintiff. The answer denied that the alleged makers of the note were…
1Opinion of the CourtAndrews, J.
Assuming that the adjudication in bankruptcy operated as a dissolution of the firm of Altenbrand Bros., and that thereafter no authority was given by Louis to Henry Altenbrand to execute the note in suit in the name of the firm, the finding of the referee that the note was made by the firm cannot be supported. But this finding was immaterial, and does not affect the right of the plaintiff to recover. The defendant, by indorsing the note, impliedly contracted that it was made by the copartnership firm in whose name it was executed, and he cannot deny the fact when sued upon the indorsement.…
2Cases cited1 opinion
- Erwin v. . DownsNew York Court of Appeals · 1857
3Cited by14 opinions
- Vosburgh v. . DiefendorfNew York Court of Appeals · 1890
- Glidden v. ChamberlinMassachusetts Supreme Judicial Court · 1897
- Preston v. Russell, Follensby & Co.Supreme Court of Vermont · 1899
- William Segar, Inc. v. 1967-1975 Ocean Avenue Realty Corp.New York Supreme Court · 1926
- American Exchange National Bank v. New York Belting & Packing Co.New York Supreme Court · 1893
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