Bank of Rochester v. Bowen
New York Supreme Court
This was an action of assumpsit, tried at the Monroe circuit, in March, 1830, before the Hon. Addison Gardiner, one of the circuit judges. The suit was on a promissory note for #300, payable to the plaintiffs ; the makers of the note were P. Bowen, H. Bissell, D. C. West, and a mercantile firm transacting business under the name and firm of “ Aldrich & Searle.”
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This was an action of assumpsit, tried at the Monroe circuit, in March, 1830, before the Hon. Addison Gardiner, one of the circuit judges. The suit was on a promissory note for #300, payable to the plaintiffs ; the makers of the note were P. Bowen, H. Bissell, D. C. West, and a mercantile firm transacting business under the name and firm of “ Aldrich & Searle.” The note was signed by Bowen, Bissell and West, and the name of the firm of “ Aldrich & Searle ” was subscribed by Aldrich, one of the firm. The note was made to obtain a loan at the Rochester bank for the benefit of Bowen, which was…
1Opinion of the Court
By the Court
Nelson, J.
The cashier of the bank, who must be considered the agent of the plaintiffs, states expressly, that the loan was negotiated by Bowen, one of the defendants ; that he procured the note, and that the money was placed to his credit in the bank, which was afterwards drawn out by him upon his own check; that he considered the note Bowen’s at the time of the negotiation and loan. This testimony, unexplained, and uncontradicted, was undoubtedly sufficient to repel th q prima facie inference that the firm of“ Aid-rich & Searle” were principals to the note, and imposed upon the…
2Cases cited1 opinion
- Laverty v. BurrNew York Supreme Court · 1828
3Cited by12 opinions
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- Hendrie v. BerkowitzCalifornia Supreme Court · 1869
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