Second National Bank of Allentown v. Pottier & Stymus Manufacturing Co.
The Superior Court of the City of New York and Buffalo
On exceptions from jury term. Action by the Second Rational Bank of Allentown on an accommodation note indorsed by the Pottier & Stymus Manufacturing Company to plaintiff. The action was tried before a judge and a jury. The judge directed the jury to render a verdict for defendant, and further directed that plaintiff’s exceptions' be heard in the first instance at the general term.
1Opinion of the CourtTruax, J.
The action is against the defendant, a corporation; as indorser
of a promissory note. It was, in fact, indorsed by one Ingersoll, the treasurer of the defendant. On the trial the defendant denied that Ingersoll had authority from, it to indorse its name. The plaintiff proved that for many years Ingersoll had signed the name of the defendant as maker of notes, and had indorsed its name upon notes to the knowledge of defendant, the defendant recognizing its liability in these instances. This was proof that, at the time of these instances, Ingersoll acted as agent of defendant, with authority to…
2Cases cited4 opinions
- Farmers & Mechanics' Bank v. Butchers & Drovers' BankNew York Court of Appeals · 1857
- People's Bank v. St. Anthony's Roman Catholic ChurchNew York Court of Appeals · 1888
- Fifth Ward Savings Bank v. First National BankSupreme Court of New Jersey · 1886
- Bank of Attica v. Pottier & Stymus Manufacturing Co.New York Supreme Court · 1888
3Cited by3 opinions
- Milbank v. De RiesthalNew York Supreme Court · 1894
- Briggs v. KennettNew York Court of Common Pleas · 1894
- Dixie Industrial Co. v. Atlas Lumber Co.Supreme Court of Alabama · 1919