Nash v. . Mitchell
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial, department, affirming a judgment in favor of plaintiffs, entered upon the report of a referee. (Reported below, 8 Hun, 471.) This action was brought to recover the amount of a check for five hundred dollars, dated November 9th, 1872, on the “ Central Bank of Westchester County,” to the order of the plaintiffs, signed “I. H. Mitchell, by C. II.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial, department, affirming a judgment in favor of plaintiffs, entered upon the report of a referee. (Reported below, 8 Hun, 471.) This action was brought to recover the amount of a check for five hundred dollars, dated November 9th, 1872, on the “ Central Bank of Westchester County,” to the order of the plaintiffs, signed “I. H. Mitchell, by C. II. Mitchell, attorney,” indorsed by the plaintiffs, duly presented for payment, payment refused, and protested for non-payment. The referee found, in substance, that the…
1Opinion of the CourtAllen, J.
The oraus was upon the plaintiffs to show •„ First. That the drawing of the check by the agent was within the power delegated to him by the defendant; and, Second. That it was in a transaction and for a consideratior in respect of which the disabilities of the defendant as a feme covert were removed, and she at liberty to contract and assume liabilities as if she were feme sole. There was no evidence that the husband of the defendant had assumed to act or had acted with the knowledge of the defendant without or beyond the scope of the written power of attorney, so that no question can arise…
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