Vibbard v. Roderick
New York Supreme Court
APPEAL by the defendant Charles Roderick, from a judgment entered on the verdict of a jury. The action was brought against Charles Roderick and Samuel J. Roderick, upon a promissory note in the words and figures following: • “ $240.65. Rochester, 3d Rov. 1865. One month after date, we promise to pay to the order of Yibbard, Fiske & Co. two hundred and forty dollars at the Flour City Rational Bank in Rochester, value received.
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APPEAL by the defendant Charles Roderick, from a judgment entered on the verdict of a jury. The action was brought against Charles Roderick and Samuel J. Roderick, upon a promissory note in the words and figures following: • “ $240.65. Rochester, 3d Rov. 1865. One month after date, we promise to pay to the order of Yibbard, Fiske & Co. two hundred and forty dollars at the Flour City Rational Bank in Rochester, value received. Roderick & Co.” The complaint alleged that the ■ defendants were co-partners, under the firm of Roderick & Co.; and that they made the note in the firm name, and…
1Opinion of the CourtJohnson, J.
The nonsuit, when the plaintiffs rested their case, was properly denied. The defendant had then admitted that the plaintiffs were the payees named in the note, and it had been proved that the body and signature of the note were both in the defendant’s handwriting. There was nothing attached to the signature to indicate that the defendant had signed the note as the agent of any other person, and the presumption arose that it was his note.
The amendment to the complaint allowed upon the trial was the insertion therein of a count for goods sold and delivered, which formed the consideration of the…
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- Van Ness v. BushNew York Supreme Court · 1860
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3Cited by10 opinions
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- De Camp v. McIntyreNew York Supreme Court · 1887
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