Legal Opinion

Bank of Le Roy v. Purdy

Appellate Division of the Supreme Court of the State of New York

Decided January 15, 1905PublishedCited by 7 opinions

Appeal by the defendant, Samuel D. Purdy, from a judgment of tlie Supreme Oourt in favor of the plaintiff, entered in the office of the cleric of the county of Genesee on the 2d day of May, 1904, upon the report of a referee. The action was commenced on the 26th day of July, 1901, to recover upon two promissory notes made by the defendant Samuel D. Purdy and bearing the indorsement of the defendant, the Le Roy Gas and Electric Company.

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Appeal by the defendant, Samuel D. Purdy, from a judgment of tlie Supreme Oourt in favor of the plaintiff, entered in the office of the cleric of the county of Genesee on the 2d day of May, 1904, upon the report of a referee. The action was commenced on the 26th day of July, 1901, to recover upon two promissory notes made by the defendant Samuel D. Purdy and bearing the indorsement of the defendant, the Le Roy Gas and Electric Company. The issues in the action were referred to a referee to try and determine, who found as above stated, and from the judgment entered upon his report this appeal'…

1Opinion of the Court

McLennan, P. J.:

The material facts are not in dispute. One Butler Ward was president of the plaintiff bank and was also a stockholder, director, vice-president and treasurer of the defendant, the Le Roy Gas and Electric Company. The defendant Purdy was also a stockholder and director of said electric company, and its president. On the 26th day of February, 1901, Purdy made his promissory note, as follows:

“ On or before three months after date, for value received, I promise to pay to the order of myself, Two thousand eight hundred and fifty dollars, at the Bank of Le Roy, with interest.
“ S. D.…

2Cases cited4 opinions

  1. Innerarity v. Merchants' National BankMassachusetts Supreme Judicial Court · 1885
  2. Higgins v. . RidgwayNew York Court of Appeals · 1897
  3. Claflin v. Farmers' & Citizens' Bank of Long IslandNew York Court of Appeals · 1862
  4. Persons v. HawkinsAppellate Division of the Supreme Court of the State of New York · 1899

3Cited by7 opinions

  1. Jenkins v. NicolasUtah Supreme Court · 1924
  2. Fowler v. WalchAppellate Division of the Supreme Court of the State of New York · 1907
  3. Mechanics Bank & Trust Co. v. StrattonAppellate Division of the Supreme Court of the State of New York · 1914
  4. Geneva National Bank v. O'BrienNew York Supreme Court · 1923
  5. Harris v. LeslieCourt of Appeals for the Tenth Circuit · 1935

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