Elliott v. Dudley
New York Supreme Court
MOTION on the part of the plaintiff, for judgment upon a verdict in his favor, taken subject to the opinion of the court upon a case.
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MOTION on the part of the plaintiff, for judgment upon a verdict in his favor, taken subject to the opinion of the court upon a case. The. action was brought to recover the amount due upon a promissory note in the words and figures following: “ Buffalo, July 10,1851. Ten months after date, I, the subscriber, of Buffalo, state of New York, promise to pay to the order of De Witt, Dudley &. Co., eight hundred dollars, at the Commercial Bank of Rochester, with interest, value received. James V. De Witt.” (Indorsed) “ De Witt, Dudley & Co.” At the trial, which came on at .the circuit held in the…
1Opinion of the Court
By the Court,
Welles, J.
The note in question was given by De Witt for a separate pre-existing debt of his own, with which it does not appear the defendants Dudley and Bass had any connection. The note was made by De Witt to the order of De Witt, Dudley & Co., a copartnership firm consisting of the defendants Dudley and Bass and the said De Witt, and at the same time De Witt indorsed the note with the name of the said firm. There is no legal evidence tending to show that at the time such indorsement was made by De Witt, he was authorized by his partners or either of them to do so, or that they…
2Cases cited1 opinion
- Gansevoort v. WilliamsNew York Supreme Court · 1835
3Cited by5 opinions
- Van Dyke v. SeelyeSupreme Court of Minnesota · 1892
- Wheatland v. . PryorNew York Court of Appeals · 1892
- Kidder v. PageSupreme Court of New Hampshire · 1869
- Philbrick v. DallettThe Superior Court of New York City · 1872
- Union National Bank v. UnderhillNew York Supreme Court · 1880