The Chemung Canal Bank v. . Bradner
New York Court of Appeals
Appeal from an order of tlie General Term of the Supreme Court, in the Sixth District, denying a motion for new trial, and ordering judgment upon a verdict rendered in favor of the plaintiff. . This action was brought upon the following draft: “ Rochester, N. Y., December 30, 1861. “ $15,000. Ninety days after date pay to the order of D. Lowrey $15,000, value received, and charge to the account of “BRADMER & CARROLL, “ Hemlock Lake. “ To Messrs.
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Appeal from an order of tlie General Term of the Supreme Court, in the Sixth District, denying a motion for new trial, and ordering judgment upon a verdict rendered in favor of the plaintiff. . This action was brought upon the following draft: “ Rochester, N. Y., December 30, 1861. “ $15,000. Ninety days after date pay to the order of D. Lowrey $15,000, value received, and charge to the account of “BRADMER & CARROLL, “ Hemlock Lake. “ To Messrs. Lowrey, Strang & Co., Mo. 1 Beaver street, Mew York.” The draft was accepted by the drawees, payable at the Bank of Morth America. Bradner alone…
1Opinion of the Court
Earl, C.
As no notice was given, in any way, of the dissolution of the firm of Bradner & Carroll, this draft must be treated as if made by Carroll before the dissolution.
Carroll was the active member of the firm, and had autho rity to make notes and draw drafts in the business of the firm; but not for the accommodation of other parties. If, however, he made such paper for the accommodation of other parties, the firm would be liable upon the paper to a bona fide holder thereof for value.
This has long been settled, and is undisputed. This rule of liability does not rest upon the a'ctual…
2Cases cited5 opinions
- Putnam v. SullivanMassachusetts Supreme Judicial Court · 1808
- Violett v. PattonSupreme Court of the United States · 1809
- Griswold v. . HavenNew York Court of Appeals · 1862
- Greenvault v. President of the Farmers & Mechanics' BankMichigan Supreme Court · 1847
- Van Duzer v. . HoweNew York Court of Appeals · 1860
3Cited by13 opinions
- Goodyear Tire & Rubber Co. v. Wells Fargo Bank & Union Trust Co.California Court of Appeal · 1934
- Thompson v. Bank of ChatsworthCourt of Appeals of Georgia · 1923
- Hunter v. AllenAppellate Division of the Supreme Court of the State of New York · 1908
- Goodwin v. Columbia Telephone Co.Missouri Court of Appeals · 1911
- Manufacturers Hanover Trust Co. v. EisenstadtNew York Supreme Court · 1970
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