Vernon v. Manhattan Co.
New York Supreme Court
w Error from the superior court of the city of New-York. This was an action on a promissory note for $1700, dated 15th April, 1833, given by William Vernon & Co.,- payable to John A. Moore or order, sixty days after date. The firm of William Vernon & Co., consisted of William Vernon, Samuel Vernon and Philip H. Vernon. The active members of the firm were Samuel and Philip, and the business of the firm was transacted in the city of New-York.
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w Error from the superior court of the city of New-York. This was an action on a promissory note for $1700, dated 15th April, 1833, given by William Vernon & Co.,- payable to John A. Moore or order, sixty days after date. The firm of William Vernon & Co., consisted of William Vernon, Samuel Vernon and Philip H. Vernon. The active members of the firm were Samuel and Philip, and the business of the firm was transacted in the city of New-York. William resided at Newport, in Rhode Island. The name of the firm was fixed to a note by Philip, who died in the winter after the date of the note. On the…
1Opinion of the Court
By the Court,
Cowen, J.
The points made for reversal are, 1. That the defendants below were not dealers with the bank, so as to be bound to give actual notice; and 2. If actual notice were necessary, proof of the notice in a newspaper taken by the bank was actual notice within the rule.
The doctrine that actual dealing by a firm with its creditor requires actual notice on dissolution, is well settled by authority, and was not. denied on the argument; but it was denied that a firm drawing an accommodation note, made payable to the principal generally, and therefore negotiable and endorsed to a…
2Cited by11 opinions
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- Bank of Monongahela Valley v. . WestonNew York Court of Appeals · 1899
- Livingston v. HastieNew York Supreme Court · 1804
- Conro v. Port Henry Iron Co.New York Supreme Court · 1851
- Van Eps v. DillayeNew York Supreme Court · 1849
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