Second National Bank of Elmira v. Weston
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 29, 1898, which overruled the exceptions of the plaintiff and ordered judgment for the defendants on a verdict directed in their favor upon a trial before a jury.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 29, 1898, which overruled the exceptions of the plaintiff and ordered judgment for the defendants on a verdict directed in their favor upon a trial before a jury. This action was brought to recover the sum of $3,925.71, with interest from December 30th, 1891, upon a promissory note for that amount, dated that day, signed “ Weston Brothers,” and payable eighteen months after date to the order of George E. Ramsey, at the First National Bank of Olean, for value received, with…
1Opinion of the CourtVann, J.
The main questions presented by this appeal have already been passed upon by us in another case against the same defendants, but recently decided. (Bank of Monongahela Valley v. Weston, 159 N. Y. 201.) Upon a similar state of facts we then held that there was a question of fact for the jury as to the good faith of Abijah and Orren Weston in simply remonstrating privately with their brother William against his constant use, during many years, of the firm name for the accommodation of his friends, and as to his implied authority to do so. Our reasons for holding that the same question of fact…
2Cases cited9 opinions
- Thompson v. . SimpsonNew York Court of Appeals · 1891
- Cheever v. Pittsburgh, Shenango & Lake Erie RailroadNew York Court of Appeals · 1896
- Trustees of East Hampton v. . KirkNew York Court of Appeals · 1877
- Clemence v. . City of AuburnNew York Court of Appeals · 1876
- Smith v. . WestonNew York Court of Appeals · 1899
4 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Rochester & Charlotte Turnpike Road Co. v. PaviourNew York Court of Appeals · 1900
- Kraus v. . BirnbaumNew York Court of Appeals · 1910
- Manufacturers & Traders Trust Co. v. SapowitchNew York Court of Appeals · 1947
- Carlisle v. . NorrisNew York Court of Appeals · 1915
- Reif v. Equitable Life Assurance Society of United StatesNew York Court of Appeals · 1935
21 more not listed; retrieve them via the Exa API.