Noel v. . Kinney
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made February 24, 1885, which denied a motion for a new trial and directed judgment for defendant Frederica M. Kinney. The nature of the action and the material facts are stated in the opinion.
1Opinion of the CourtDanforth, J.
The action is upon a note signed “ J. P, Kinney & Co.” payable to the order of plaintiff at bank for $505, value received. The complaint contains allegations usual in such cases, and sufficient to charge the defendants, as partners, under the name affixed to the note. Frederica M. Kinney -alone answered, and her sole defense is, that at the time stated she was a married woman, and that the note was executed and delivered by her husband; there is, however, no allegation that it was made without her knowledge and consent, nor that it was made without her authority. Upon the trial the plaintiff…
2Cases cited8 opinions
- Coleman v. . BurrNew York Court of Appeals · 1883
- Krumm v. . BeachNew York Court of Appeals · 1884
- Knapp v. . SmithNew York Court of Appeals · 1863
- Frecking v. . RollandNew York Court of Appeals · 1873
- Bodine v. . KilleenNew York Court of Appeals · 1873
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3Cited by14 opinions
- Schofield v. JonesSupreme Court of Georgia · 1890
- Blaechinska v. Howard Mission & Home for Little WanderersNew York Court of Appeals · 1892
- Suau v. . CaffeNew York Court of Appeals · 1890
- Lane v. H. W. Bishop & Co.Supreme Court of Vermont · 1893
- Bishop v. BourgeoisNew Jersey Court of Chancery · 1899
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