Crater v. . Bininger
New York Court of Appeals
Appeal from the judgment of the General Term of the-Supreme Court, in the first judicial district, affirming the judgment upon a decision of the judge without jury in favor of the plaintiff. The action is against the defendant as maker of a promissory note to the order of and indorsed by one Sanger. The plaintiff, defendant, Sanger, and several others composed a joint stock association (unincorporated), known as the Oil Creek Petroleum Company.
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Appeal from the judgment of the General Term of the-Supreme Court, in the first judicial district, affirming the judgment upon a decision of the judge without jury in favor of the plaintiff. The action is against the defendant as maker of a promissory note to the order of and indorsed by one Sanger. The plaintiff, defendant, Sanger, and several others composed a joint stock association (unincorporated), known as the Oil Creek Petroleum Company. In their operations, the company became indebted to their agents and employes, and this note was made for the purpose of raising money to pay off the…
1Opinion of the CourtAllest, J.
The defendant and Sanger, the indorser of the note in suit, were the active promoters and principal managers of the company for whose benefit, it is claimed, the note was made. The other associates, including the plaintiff, appear to •have had but slight personal connection with the business of the association. There is no evidence that the plaintiff was at any time a party to the note as indorser, or otherwise. His agency was confined to the discounting, or the procuring the same to be discounted by a Hew Jersey bank. If there is any evidence that he undertook to provide for or pay any part…
2Cases cited1 opinion
- Ely v. KilbornNew York Supreme Court · 1848
3Cited by33 opinions
- Claim of Raymond v. Estate of DavisNew York Court of Appeals · 1928
- Brown v. . SpohrNew York Court of Appeals · 1904
- Bull v. CoeCalifornia Supreme Court · 1888
- Bank of British North America v. DelafieldNew York Court of Appeals · 1891
- Belanger v. DanaNew York Supreme Court · 1889
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