Brooklyn Bank v. Metropolitan Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Metropolitan Trust Company of the City of New York, as administrator, and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 29th day of July, 1916, upon the decision of the court after a trial before the court without a jury. And also from two orders entered in said clerk’s office on the 28th day of July, 1916, and the 11th day of August, 1916, respectively.
1Opinion of the Court
Blackmar, J.:
The indorsement on the note made by Alexander McDonald, now deceased, was made by the defendant “ Edmund K. Stallo, His Attorney in fact.” The plaintiff read in evidence a power of attorney executed by McDonald, which empowered Stallo “ to guarantee the payment of promissory notes, obligations and debts of any company in which I may be or become a stockholder.” The note sued on was made by the Alabama Securities Company, in which the evidence showed that McDonald was a stockholder, to the order of the plaintiff. The indorsement was made before delivery to the payee, for the…
2Cases cited1 opinion
- Brady v. ReynoldsCalifornia Supreme Court · 1859
3Cited by1 opinion
- Jamaica Tobacco & Sales Corp. v. OrtnerCivil Court of the City of New York · 1972