Beers v. Phœnix Glass Co.
New York Supreme Court
This action was commenced in the month of June, 1851, in the city court of Brooklyn, By the plaintiff, Edwin Beers, for the recovery of seven hundred and sixty-five dollars, alledged to have Been lent and advanced By him on or about the 10th and 13th days of December, 1850, to the defendants, The Phoenix Glass Company, and the further sum of fifty-eight dollars for the discount of uncurrent money alledged to have been discounted for them by him as a broker, between the 1st…
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This action was commenced in the month of June, 1851, in the city court of Brooklyn, By the plaintiff, Edwin Beers, for the recovery of seven hundred and sixty-five dollars, alledged to have Been lent and advanced By him on or about the 10th and 13th days of December, 1850, to the defendants, The Phoenix Glass Company, and the further sum of fifty-eight dollars for the discount of uncurrent money alledged to have been discounted for them by him as a broker, between the 1st day of October and the 11th day of December, in the same year. The defendants, The Phoenix Glass Company, were a…
1Opinion of the Court
By the Court, S. B. Strong, J.
The introduction of testimony to prove that Clark acted as secretary of the company, before showing that he held that office, was premature; but as his official character was afterwards clearly proved, the objection was cured. As the objection could have been so easily obviated, it was singular that it was not done at first, and almost as singular that it was raised at all. The second section of the bylaws of the company authorized the secretary to act as its treasurer, and to do all such other acts as might be required of him by the board of trustees. It no…
2Cited by24 opinions
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- Devendorf v. West Virginia Oil & Oil Land Co.West Virginia Supreme Court · 1880
- Home Insurance v. North Western Packet Co.Supreme Court of Iowa · 1871
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