Osgood v. Glover
New York Court of Common Pleas
Appeal by plaintiff from a judgment for costs entered in favor of defendant, Glover, upon a dismissal of the complaint as to him, ordered at the trial of the action before Judge Joseph F. Daly, and a jury. The action was against Francisco J. Cortissoz, William St. Anna and Frank Glover, comprising the firm of Cortissoz,; St. Anna & Co., on a promissory note made by said firm to their own order, and indorsed to the Columbian Insurance Company.
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Appeal by plaintiff from a judgment for costs entered in favor of defendant, Glover, upon a dismissal of the complaint as to him, ordered at the trial of the action before Judge Joseph F. Daly, and a jury. The action was against Francisco J. Cortissoz, William St. Anna and Frank Glover, comprising the firm of Cortissoz,; St. Anna & Co., on a promissory note made by said firm to their own order, and indorsed to the Columbian Insurance Company. The plaintiffs were the receivers of that company. The respondent, Glover, defended on the ground that the note had been given without his consent or…
1Opinion of the Court
Charles P. Daly, Chief Justice.
The note was given in what purported to be a transaction of the firm. An application was made to the company by a broker, that an insurance was wanted by the firm, upon their own account, for $11,000, on the brig Milo, loss, if any, payable' to the firm. A policy of insurance upon the vessel was, upon receiving the application, issued to the firm, and the note in suit, which was signed by one of the partners, St. Anna, in the name of the firm, was given to the company for the premium.
The vessel was the individual property of Cortissoz, one of the partners, and…
2Cases cited10 opinions
- Gansevoort v. WilliamsNew York Supreme Court · 1835
- Livingston v. RooseveltNew York Supreme Court · 1809
- Mercein v. Andrus & MackNew York Supreme Court · 1833
- Livingston v. HastieNew York Supreme Court · 1804
- Bank of Rochester v. BowenNew York Supreme Court · 1831
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