Durbrow v. Swedish Iron & Steel Corp.
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment of the Municipal Court of the city of New York, borough of Manhattan, first district, dismissing the complaint.
1Opinion of the CourtGuy, J.
There were two questions to which plaintiff directed her proof at the trial: (1) whether the execution and delivery of the note in suit signed in the name of the defendant corporation by its vice-president only was authorized or ratified by the defendant; (2) whether the note was an accommodation note.
While the note was not signed by the treasurer and countersigned by the president, as prescribed by defendant’s by-laws, the evidence given and offered in support of plaintiff’s case was sufficient prima facie to establish that the execution of the instrument was authorized or ratified by the…
2Cases cited4 opinions
- National Park Bank v. German-American Mutual Warehousing & Security Co.New York Court of Appeals · 1889
- Jacobus v. . Jamestown Mantel Co.New York Court of Appeals · 1914
- Abbott v. Le PrevostAppellate Division of the Supreme Court of the State of New York · 1915
- Carlaftes v. Goldmeyer Co.Appellate Terms of the Supreme Court of New York · 1911