Exchange Bank v. Monteath
New York Supreme Court
The plaintiff was a banking corporation doing business at the city of Hartford, under the laws of Connecticut. The defendants were an unincorporated association of persons engaged in the transportation of merchandise between Hew-York and Albany, under the name of The Albany and Canal Line of Tow Boats, Thaddeus Joy and George Monteath transacted the business of the line at Albany, in the name of “ Joy & Monteath, agents,” &c: and Alfred Hoyt was the agent in Hew-York.
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The plaintiff was a banking corporation doing business at the city of Hartford, under the laws of Connecticut. The defendants were an unincorporated association of persons engaged in the transportation of merchandise between Hew-York and Albany, under the name of The Albany and Canal Line of Tow Boats, Thaddeus Joy and George Monteath transacted the business of the line at Albany, in the name of “ Joy & Monteath, agents,” &c: and Alfred Hoyt was the agent in Hew-York. Joy was also a director of the Canal Bank of Albany, and on the 30th of June, 1848, at the request of the cashier of that…
1Opinion of the Court
By the Court, Harris, J.
Joy & Monteath were the general agents of the defendants for the transaction of their freighting business. Whatever that business required to be done, they were authorized to do. If their power had been written out, the instrument which recorded it would be found to contain authority to draw and indorse drafts, in all respects like those upon which this action is brought, provided, of course, they were drawn and indorsed for the purposes of their agency. Had the drafts in question been discounted, in good faith, for the benefit of the Albany and. Canal Line, instead of…
2Cited by7 opinions
- Exchange Bank v. . MonteathNew York Court of Appeals · 1863
- People ex rel. Wheeler v. CooperNew York Supreme Court · 1879
- Briggs v. KennettNew York Court of Common Pleas · 1894
- Exchange Bank v. MonteathNew York Court of Appeals · 1863
- Lake Shore Nat. Bank v. Butler Colliery Co.New York Supreme Court · 1889
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