Legal Opinion

Bank of Rochester v. Bowen

New York Supreme Court

Decided May 15, 1831PublishedCited by 12 opinions

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

  1. Laverty v. BurrNew York Supreme Court · 1828

3Cited by12 opinions

  1. Stall v. Catskill BankNew York Supreme Court · 1837
  2. Catskill Bank v. StallNew York Supreme Court · 1836
  3. Wilson v. WilliamsNew York Supreme Court · 1835
  4. First National Bank of Friendship v. WestonAppellate Division of the Supreme Court of the State of New York · 1898
  5. Hendrie v. BerkowitzCalifornia Supreme Court · 1869

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