Donohoe v. Meeker
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, George Campbell and John Clute, constituting and comprising the firm of Campbell & Clute, from orders of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Saratoga on the 28th day of September, 1897, confirming the reports of a referee appointed in surplus money proceedings, had in each of the above-entitled actions, overruling their exceptions to said reports and directing the payment of such…
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Appeal by the defendants, George Campbell and John Clute, constituting and comprising the firm of Campbell & Clute, from orders of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Saratoga on the 28th day of September, 1897, confirming the reports of a referee appointed in surplus money proceedings, had in each of the above-entitled actions, overruling their exceptions to said reports and directing the payment of such surplus money to the respondents.
1Opinion of the Court
Herrick, J.:
I think the judgments against James Meeker, in satisfaction of which the surplus arising from the proceeds of the foreclosure action were paid, were legal and valid judgments.
Assuming that the notes given by the Meeker, Spotten & Meeker Company were invalid and not binding upon the corporation, still, it seems to me that Meeker was bound, under his indorsement of the notes issued by the corporation in exchange for the notes of Meeker, Spotten & Meeker, upon which notes the judgment debtor, James Meeker, was liable.
The notes issued by the corporation were given for his benefit, and…
2Cases cited2 opinions
- Delaware Bank v. . JarvisNew York Court of Appeals · 1859
- Shaw v. OutwaterNew York Supreme Court · 1894
3Cited by2 opinions
- Horowitz v. WollowitzAppellate Terms of the Supreme Court of New York · 1908
- Westchester Mortgage Co. v. Thomas B. McIntire, Inc.Appellate Division of the Supreme Court of the State of New York · 1916