Mechanics' Banking Ass'n v. New York & Saugerties White Lead Co.
New York Supreme Court
This action was brought to recover the amount of a promissory note drawn for the sum of twelve hundred and fifty dollars. The pleadings are part of the case, and may be referred to by either party on the argument.
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This action was brought to recover the amount of a promissory note drawn for the sum of twelve hundred and fifty dollars. The pleadings are part of the case, and may be referred to by either party on the argument. The action was tried on the — day of October, 1858, before the Hon. E. Darwin Smith, without a jury. ' James McCullough was called as a witness for the plaintiffs, and being sworn, said, that he was at the time of the making the note, and for some time before, president of the Spring Valley Shot and Lead Company, and also of the New York and Saugerties White Lead Company; the…
1Opinion of the Court
Hogeboom, Justice.
I think this judgment must be affirmed, for the reasons stated in the opinion of the learned justice who tried this cause. The authority of McCullough to sign and indorse notes for the White Lead Company is sufficiently established. Townsend was an accommodation maker of the note.
The evidence leaves it doubtful whether the New York and Saugerties White Lead Company -was an accommodation or business indorser of the note; and the learned judge has not explicitly found that fact. But assuming that it was only an accommodation indorser, it appears that the note was a negotiable…
2Cases cited1 opinion
- Wyckoff v. RemsenNew York Court of Chancery · 1845
3Cited by1 opinion
- Reade v. Pacific Supply Ass'nOregon Supreme Court · 1901