Flour City National Bank v. Widener
Appellate Division of the Supreme Court of the State of New York
Motion by the defendant, Charles A. Widener, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance, upon the verdict of a. jury rendered by direction of the court after a trial at the Monroe Trial Term.
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Motion by the defendant, Charles A. Widener, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance, upon the verdict of a. jury rendered by direction of the court after a trial at the Monroe Trial Term. In the spring of 1890, Alfred E. Smith and L. Frank Petrie became equal partners under the firm name of Smith & Petrie, and engaged in the business of selling and hanging wall paper, at Rochester, New York, and continued therein until May 23, 1894, when Petrie sold liis interest in the firm to Charles A. Widener, and on that day…
1Opinion of the Court
Follett, J.:
The defendant Widener testified on the trial, and in this he was corroborated by Alfred E. Smith, that he (Widener) did not know of the execution of the note in suit, or of the preceding note, until after the dissolution of the firm. The evidence that Widener was without knowledge of the existence of these notes is positive, is not contradicted, and it must be accepted as a fact in this case. However, I do not regard the question of actual knowledge, or of actual notice of the existence of these notes, as of the slightest legal importance. By the terms of the contract under which…
2Cases cited3 opinions
- Fairchild v. . FairchildNew York Court of Appeals · 1876
- Peyser v. . MyersNew York Court of Appeals · 1892
- Taylor v. HerringThe Superior Court of New York City · 1863
3Cited by3 opinions
- Voneye v. TurnerCourt of Appeals of Kentucky (pre-1976) · 1951
- Burchell v. VoghtAppellate Division of the Supreme Court of the State of New York · 1898
- Burchell v. VoghtAppellate Division of the Supreme Court of the State of New York · 1898