Cortland Wagon Co. v. Lynch
New York Supreme Court
Appeal from circuit court, Cortland county. Action by the Cortland Wagon Company against Margaret Lynch on a promissory note. From a judgment entered on the decision made on the trial before the court, a jury having been waived, plaintiff appeals.
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Appeal from circuit court, Cortland county. Action by the Cortland Wagon Company against Margaret Lynch on a promissory note. From a judgment entered on the decision made on the trial before the court, a jury having been waived, plaintiff appeals. In the complaint it is alleged that on April 7, 1893, Thomas Lynch “was the duly-authorized agent of the above-named defendant for the transaction of business, and had authority to act for and bind the above-named defendant. * * * On or about April 7, 1893, at Brockport, N. Y., the above-named defendant, for value received, by her said agent, Thomas…
1Opinion of the CourtHardin, P. J.
Plaintiff’s complaint is based upon a negotiable promissory note, which is set out in the findings of fact made by the *327trial judge. The note was not signed by the defendant. Nothing appears in the body of the note, or in the signature attached thereto, indicating that it was the promissory note of the defendant The complaint contains no allegations to support a recovery for the consideration entering into the note, and the plaintiff has rested its right of recovery solely upon the commercial character of the instrument declared upon, and found to have been executed by Thomas Lynch, who added…
2Cases cited10 opinions
- Briggs v. . PartridgeNew York Court of Appeals · 1876
- Pentz v. StantonNew York Supreme Court · 1833
- Casco National Bank of Portland v. ClarkNew York Court of Appeals · 1893
- Commercial Bank of Buffalo v. . WarrenNew York Court of Appeals · 1857
- Taft v. BrewsterNew York Supreme Court · 1812
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3Cited by2 opinions
- Dayries v. LindslySupreme Court of Louisiana · 1911
- Manufacturers & Traders' Bank v. LoveAppellate Division of the Supreme Court of the State of New York · 1897