Bank of Rochester v. Monteath
Court for the Trial of Impeachments and Correction of Errors
Assumpsit, tried before Dayton, C. Judge, at the Montoe circuit, in February, 1844. The plaintiffs sought to recover the amount of four bills of exchange, dated on different days in the months of October and November, 1842, which were drawn at Rochester by John Allen, payable to his own order, ar.d endorsed by him; and which were drawn upon William Montealh, of Albany.
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Assumpsit, tried before Dayton, C. Judge, at the Montoe circuit, in February, 1844. The plaintiffs sought to recover the amount of four bills of exchange, dated on different days in the months of October and November, 1842, which were drawn at Rochester by John Allen, payable to his own order, ar.d endorsed by him; and which were drawn upon William Montealh, of Albany. By the first bill the drawee was requested to pay $1250, “ it being to pay for towing;” the second and third bills were for $500 each, “it being for tolls;” and the fourth bill was also for $500, “ it being to pay tolls and…
1Opinion of the Court
By the Court, Bronson, Oh. J.
The objection to recovering against the defendants as acceptors is, that their names do not appear upon the bills; and as a general rule, there can be no *405recovery on a bill or note against one whose name does not appear upon it. When the agent acts in his own name, he binds himself, and not his principal. (Pentz v. Stanton, 10 Wend. 271; Thomas v. Bishop, 2 Str. 955 ; Barlow v. Bishop, 1 East, 432 ; 3 Esp. R. 266, S. C.; Leadbitter v. Farrow, 5 Maule & Selw., 345; Stackpole v. Arnold, 11 Mass. 27; Allen v. Coit, 6 Hill, 318; Chitty on Bills, 32—4, ed. of 42.) If…
2Cases cited4 opinions
- Stackpole v. ArnoldMassachusetts Supreme Judicial Court · 1814
- Pentz v. StantonNew York Supreme Court · 1833
- United States Bank v. BinneyU.S. Circuit Court for the District of Massachusetts · 1828
- Whitaker v. BrownCourt for the Trial of Impeachments and Correction of Errors · 1836
3Cited by20 opinions
- United States v. AngellDistrict Court, D. New Hampshire · 1881
- Wright v. . HookerNew York Court of Appeals · 1854
- The Nat. Bk. of Watertown v. . LandonNew York Court of Appeals · 1871
- Hochster v. BaruchNew York Court of Common Pleas · 1874
- Mechanics' Bank v. LivingstonNew York Supreme Court · 1860
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