Burbank v. Beach
New York Supreme Court
In this action the plaintiff sought to charge the defendant, William Beach, as indorser of a bill of exchange for $2000, drawn on the 26th day of August, 1851, by defendant, Peter Boyce, upon Chipman & Savage, also defendants, and accepted by them, and indorsed by the defendants M. Boyce and W. Beach respectively, payable forty-five days after the date thereof.
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In this action the plaintiff sought to charge the defendant, William Beach, as indorser of a bill of exchange for $2000, drawn on the 26th day of August, 1851, by defendant, Peter Boyce, upon Chipman & Savage, also defendants, and accepted by them, and indorsed by the defendants M. Boyce and W. Beach respectively, payable forty-five days after the date thereof. The complaint alleged the making, drawing, accepting and indorsing of said bill of exchange by the defendants as above stated; that at its maturity it was presented to and payment was demanded of the acceptors, which was refused, and…
1Opinion of the Court
By the Court, T. R. Strong, J.
The plaintiff, in respect to the interest of Bissell, Cope and others, in the bill of exchange, must be regarded as a “ trustee of an express trust,” within the meaning of that phrase in § 113 of the code; and might therefore properly bring the action, without uniting those persons with him. He was the nominal proprietor of the bank; all the contracts and transactions of the bank were in his name as proprietor ; and he is clearly within the last clause of the section referred to. But, aside from that section, the objection of nonjoinder of those persons cannot…
2Cases cited4 opinions
- People v. GilbertNew York Supreme Court · 1820
- Farmers' & Manufacturers' Bank v. WhinfieldNew York Supreme Court · 1840
- De Wolf v. MurrayThe Superior Court of New York City · 1848
- Dole v. GoldNew York Supreme Court · 1849
3Cited by8 opinions
- Merchants' Bank v. McClellandSupreme Court of Colorado · 1886
- Clough v. HoldenSupreme Court of Missouri · 1893
- Young v. CatlettThe Superior Court of New York City · 1857
- Brown v. JonesIndiana Supreme Court · 1887
- Artisans' Bank v. BackusNew York Supreme Court · 1866
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