Weed v. Carpenter
New York Supreme Court
Tuts was an action of assumpsit against the defendant as endorser of a promissory note, for $247,10, due the 4th September, 1827, tried at the Rensselaer circuit in 1828. The defence set up was forgery by the maker in endorsing the name of the defendant on the note.
Read the full summary
Tuts was an action of assumpsit against the defendant as endorser of a promissory note, for $247,10, due the 4th September, 1827, tried at the Rensselaer circuit in 1828. The defence set up was forgery by the maker in endorsing the name of the defendant on the note. To resist the defence, the plaintiffs shewed that on the 20th October, 1827, an execution against the defendant in favor of J. P. & J. D. Phoenix, for $415,44, was put into the hands of the sheriff of Rensselaer county; that when apprised of it, the defendant expressed his surprise that such an execution should be against him,…
1Opinion of the Court
By the Court,
Savage, C. J.
The question here is whether there was evidence sufficient to authorise the jury in finding that the name of the defendant was put on the note as endorser by his consent. On tMs motion the facts shewn and those offered to be shewn are all to he considered as proved. The issue to be tried was whether the defendant authorized the use of his name in tMs particular case; but if Viele had a general authority, that would be sufficient to maintain the issue for the plaintiff.
The authority of an agent to subscribe policies of insurance may be proved by the agent himself; and…
2Cited by7 opinions
- Newton v. . BronsonNew York Court of Appeals · 1856
- Bank of Monongahela Valley v. . WestonNew York Court of Appeals · 1899
- Stroh v. HinchmanMichigan Supreme Court · 1877
- Hammond v. . VarianNew York Court of Appeals · 1873
- Forsyth v. DaySupreme Judicial Court of Maine · 1856
2 more not listed; retrieve them via the Exa API.