Persons v. Kruger
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Edward IT. Kruger, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Erie on the 9th day of June, 1898, upon the decision of the court rendered after a trial before the court without a jury at the Erie Trial Term, with notice of an intention to bring up for review upon such appeal an order entered in said clerk’s office on the 17th day of .June, 1898, denying said defendant’s motion…
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Appeal by the defendant, Edward IT. Kruger, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Erie on the 9th day of June, 1898, upon the decision of the court rendered after a trial before the court without a jury at the Erie Trial Term, with notice of an intention to bring up for review upon such appeal an order entered in said clerk’s office on the 17th day of .June, 1898, denying said defendant’s motion for a new trial. The action was brought to recover upon a promissory note alleged to have been executed by the defendant,…
1Opinion of the Court
Spring, J.:
The answering defendant, after denying there was a firm of E. H. Kruger & Co., or that he was a member of any such firm, admitted both facts upon the trial. He admitted the execution of the power of attorney to Brown. That bore the signature of E. H. Kruger & Co., and was executed by the defendant himself; it was under seal and acknowledged by Kruger; and the notary, to put at rest any question of defendant’s membership in said firm, certified to that fact and that defendant acknowledged the power of attorney to be their act. This established the copartnership and Kruger’s…
2Cases cited3 opinions
- Fort Stanwix Bank v. . LeggettNew York Court of Appeals · 1873
- Haines v. . HollisterNew York Court of Appeals · 1876
- Hier v. . StaplesNew York Court of Appeals · 1872
3Cited by2 opinions
- Persons v. KrugerAppellate Division of the Supreme Court of the State of New York · 1899
- Wills v. PennellAppellate Division of the Supreme Court of the State of New York · 1906