Central Bank v. Empire Stone Dressing Co.
New York Supreme Court
APPEAL from a judgment rendered at a special term. The complaint alleged that the plaintiff was “ a corporation, carrying on the business of banking in Middletown, Connecticut, and was duly incorporated for that purpose by an act” of the legislature of Connecticut.
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APPEAL from a judgment rendered at a special term. The complaint alleged that the plaintiff was “ a corporation, carrying on the business of banking in Middletown, Connecticut, and was duly incorporated for that purpose by an act” of the legislature of Connecticut. That the defendant Shelton made his promissory note for $5127, dated Hew York, May 8th, 1854, at six months, payable to the order of the Empire Stone Dressing Company, at, &c.; and that thereupon the said stone dressing company, a corporation organized for the purpose of stone cutting, sawing and dressing, under the general act of…
1Opinion of the Court
By the Court, Peabody, J.
In this case a note made by Shelton was indorsed by the defendant for his (Shelton’s) accommodation. The indorsement was made by Sherman, the secretary of the defendant, of his own motion, and without authority other than his general authority, which was to in-. dorse notes and bills “ in the jcrosecution of its (defendant’s) business.”
The question arises, was this act of the secretary so far authorized as to bind the company as to third persons. Ho question was made on the argument of the authority of the company to indorse, under the circumstances; of which it would…
2Cited by17 opinions
- National Park Bank v. German-American Mutual Warehousing & Security Co.New York Court of Appeals · 1889
- Park Hotel Co. v. Fourth Nat. Bank of St. LouisCourt of Appeals for the Eighth Circuit · 1898
- Nat. Park Bk. v. . G.A.M.W. S. Co.New York Court of Appeals · 1889
- Washburn v. FranklinNew York Supreme Court · 1861
- Farmers' & Mechanics' Bank v. Empire Stone Dressing Co.The Superior Court of New York City · 1859
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