Warner & Ray v. Beers
Court for the Trial of Impeachments and Correction of Errors
In the first above entitled cause, the declaration commenced in the name of “ Joseph D. Beers,” described as “ President of the North American Trust and Banking Company, an association doing business in the city of New-York, *under and by virtue of an act of the legis- [ *104 ] lature of the state of New-York, entitled ‘ an act to authorize the business of banking,’ passed April 18th, 1888, who prosecutes for and on behalf of the said associationand then was set forth in the…
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In the first above entitled cause, the declaration commenced in the name of “ Joseph D. Beers,” described as “ President of the North American Trust and Banking Company, an association doing business in the city of New-York, *under and by virtue of an act of the legis- [ *104 ] lature of the state of New-York, entitled ‘ an act to authorize the business of banking,’ passed April 18th, 1888, who prosecutes for and on behalf of the said associationand then was set forth in the usual form a count on a promissory note by the third endorsee against War- [ *105 ] ner and Ray as endorsers. The…
1Opinion of the Court
After advisement the following opinions were delivered:
By the Chancellor.
The declaration in the ease of Beers, President &c. v. Warner and Ray, originally contained some of the common counts; but as the plaintiff thought proper to enter a remitter of damages upon those counts, and to take his judgment only upon the special count against the defendants as endorsers of the note drawn by R. Hoe & Co., no *119[ *119 ] question whatever can arise in this court *upon any of the common counts. The special count does not state that Warner endorsed and transferred the note to Beers, either as president of the…
2Cases cited2 opinions
- People v. MorrisNew York Supreme Court · 1835
- Townsend and Others v. GoeweyNew York Supreme Court · 1838
3Cited by53 opinions
- Matter of N.Y. Elevated R.R. Co.New York Court of Appeals · 1877
- Union Bank of Richmond v. Commissioners of OxfordSupreme Court of North Carolina · 1896
- Leavitt v. BlatchfordNew York Supreme Court · 1848
- Rougeau v. StateCourt of Criminal Appeals of Texas · 1987
- Sherman v. StoryCalifornia Supreme Court · 1866
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