Morford v. Farmers' Bank of Saratoga County
New York Supreme Court
APPEAL from a judgment entered in favor of the defendants, a corporation incorporated under the general hanking law, upon the report of H. W Robinson, Esq., referee.
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APPEAL from a judgment entered in favor of the defendants, a corporation incorporated under the general hanking law, upon the report of H. W Robinson, Esq., referee. The action was upon a promissory note for $2500, made by the Chicago, St. Paul and Fop du Lac Rail Road Company, dated January 9th, 1857, and payable 180 days after date, to the order of the defendants, who, as the complaint alleges, indorsed the same by their president, Alfred Noxon, to the said Alfred Noxon, who indorsed and delivered the same to the plaintiffs. The indorsements were as follows: A. Noxon Prest. A, Noxon. The…
1Opinion of the Court
By the Court, Clerke, J.
Although the referee erred in deciding that this case is within the prohibition of the 4th *569section of the amendments to the general hanking law, passed in 1840, yet he is right in the main propositions upon which his decision is founded. He correctly finds, that the defendants never owned the note and never had any interest in it; that Mr. Hoxon, the president, was never authorized to indorse it in the name of the hank, for the accommodation of the makers, and that he had not any general authority to contract in their name. Even if Hoxon was authorized to make the…
2Cited by8 opinions
- National Park Bank v. German-American Mutual Warehousing & Security Co.New York Court of Appeals · 1889
- Park Hotel Co. v. Fourth Nat. Bank of St. LouisCourt of Appeals for the Eighth Circuit · 1898
- Bowen v. Needles Nat. BankCourt of Appeals for the Ninth Circuit · 1899
- Nat. Park Bk. v. . G.A.M.W. S. Co.New York Court of Appeals · 1889
- Lyon, Potter & Co. v. First Nat. Bank of Sioux CityCourt of Appeals for the Eighth Circuit · 1898
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