Manufacturers & Traders' Bank v. Love
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Manufacturers and. Traders’ Bank, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 29th day of February, 1896, upon the decision of the court rendered after a trial at the Erie Trial Term before the court without a jury, dismissing the complaint upon the merits.
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Appeal by the plaintiff, the Manufacturers and. Traders’ Bank, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 29th day of February, 1896, upon the decision of the court rendered after a trial at the Erie Trial Term before the court without a jury, dismissing the complaint upon the merits. The action was brought to recover of the defendant upon a promissory note which reads as follows: “ $201.93. Buffalo, N. Y., May 3, 1895. “ Two months after date I promise to pay to the order of Rice-Blake Lumber Company, two…
1Opinion of the Court
Ward, J.:
Whatever may be the rule as to other contracts, not under seal, the .law is firmly established in this State as to commercial paper that persons dealing with negotiable instruments are presumed to-take them on the credit of the parties whose names appear upon them, and a person not a party cannot be charged upon proof that the ostensible party signed or indorsed as his agent. (Briggs v. Partridge, 64 N. Y. 363, and cases there cited; Cortland Wagon Co. v. Lynch, 82 Hun, 173; 31 N. Y. Supp. 325; Casco National Bank v. Clark, 139 N. Y. 307.)
It is also held that the negotiable…
2Cases cited4 opinions
- Briggs v. . PartridgeNew York Court of Appeals · 1876
- Casco National Bank of Portland v. ClarkNew York Court of Appeals · 1893
- Smith v. WhiteNew York Court of Appeals · 1861
- Cortland Wagon Co. v. LynchNew York Supreme Court · 1894
3Cited by3 opinions
- First Savings Bank & Trust Co. v. FlournoyNew Mexico Supreme Court · 1917
- Harvey v. DwyerWest Virginia Supreme Court · 1929
- New York State Banking Co. v. Van AntwerpNew York Supreme Court · 1898