Albany County Bank v. Burton & Cory Cider & Vinegar Co.
New York Supreme Court
Appeal from Albany county court. Action by the Albany County Bank, as assignee of Stephen D. Van Natta, against the Burton & Cory Cider & Vinegar Company, to recover for money loaned to defendant by. plaintiff’s assignor. There was a judgment in favor of plaintiff, and defendant appeals.
1Opinion of the CourtPutnam, J.
Whether or not Burton was authorized to borrow money for defendant was, under the evidence in the case, a *564question of fact for the trial court. On that question we are unable to hold that he did not reach a correct conclusion. Fifth Nat. Bank v. Navassa Phosphate Co., 119 N. Y. 256, 23 N. E. 737; Marine Bank v. Butler Colliery Co., (Sup.) 5 N. Y. Supp. 291; Id., 125 N. Y. 695, 26 N. E. 751; Kraft v. Association, 87 N. Y. 628. The liability of defendant to Van Natta, if any, arose at the time the loan was made. The fact that afterwards, and after Van Natta had commenced an action against…
2Cases cited3 opinions
- Fifth National Bank of Providence v. Navassa Phosphate Co.New York Court of Appeals · 1890
- Kraft v. . the Freeman Printing and Publishing AssociationNew York Court of Appeals · 1881
- Marine Bank v. Butler Colliery Co.New York Supreme Court · 1889