Wahlig v. Standard Pump Manuf'g Co.
City of New York Municipal Court
Appeal from special term. Suit by Charles P. Wahlig against the Standard Pump Manufacturing Company, to recover on a note alleged to have been indorsed by them. Judgment, for plaintiff, and defendant appeals.
1Per curiam
The defendant is not a trading or banking company, but a-manufacturing corporation. It had no power to indorse, for the accommodation of another, paper in which it was not interested. Bank v. Dressing Co., 26 Barb. 23; Bank, v. Bank, 13 N. Y. 309. The fact that the indorsement did not concern the defendant’s business, and was made by its treasurer to-accommodate Pearl, the maker, sufficiently appears by the evidence. It might be presumed, in such a ease, that the act of the treasurer was ultra vires. See Brice, Ultra Vires, 139. But the defendant, not content to rest on this presumption,…
2Cases cited3 opinions
- Fleischmann v. . SternNew York Court of Appeals · 1882
- The Bank of Genesee v. . the Patchin BankNew York Court of Appeals · 1855
- Central Bank v. Empire Stone Dressing Co.New York Supreme Court · 1857
3Cited by2 opinions
- A. D. Farmer & Son Type-Founding Co. v. Humboldt Publishing Co.City of New York Municipal Court · 1899
- Wahlig v. Standard Pump Manufacturing Co.City of New York Municipal Court · 1890