Keyes v. . Metropolitan Trust Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 9,1915, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The power of attorney authorized Stallo to issue the note. (Watson v. Cleveland, 21 Conn. 538; Schofield v. Warren, 13 Misc.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 9,1915, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The power of attorney authorized Stallo to issue the note. (Watson v. Cleveland, 21 Conn. 538; Schofield v. Warren, 13 Misc. Rep. 209; Morris v. Hofferberth, 81 App. Div. 512; 180 N. Y. 545; Dollfus v. Frosch, 1 Den. 367; Meechem on Agency, § 998;…
1Opinion of the CourtMcLaughlin, J.
Action on a promissory note for $20,000, payable to the plaintiffs’ testator and signed in the name of Alexander McDonald, defendant’s intestate, by Edmund K. Stallo, his attorney in fact. The execution and delivery of the note in that form by Stallo in part payment of the purchase price of 125 shares of the stock of the First National Bank of Oneonta were admitted, and the only question to be considered was whether Stallo had authority from McDonald to make the note. In signing McDonald’s name, Stallo purported to act under a power or powers of attorney given to him by McDonald in 1903 and…
2Cases cited5 opinions
- Rossiter v. RossiterNew York Supreme Court · 1832
- Morris v. HofferberthAppellate Division of the Supreme Court of the State of New York · 1903
- Watson v. ClevelandSupreme Court of Connecticut · 1852
- Morris v. . HofferberthNew York Court of Appeals · 1905
- Miles v. . StalloNew York Court of Appeals · 1916
3Cited by4 opinions
- Davis v. DunnetNew York Court of Appeals · 1925
- Branch v. Veterans' AdministrationSupreme Court of Arkansas · 1934
- In re the Estate of AnyonNew York Surrogate's Court · 1930
- Macher v. GruberNew York Supreme Court · 1920