Union National Bank of Chicago v. Chapman
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 5, 1900, affirming a judgment in favor of plaintiff entered; upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. The capacity of Mrs. Chapman to make the note in question and to become a surety for her husband was governed by the law of Alabama.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 5, 1900, affirming a judgment in favor of plaintiff entered; upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. The capacity of Mrs. Chapman to make the note in question and to become a surety for her husband was governed by the law of Alabama. (Story on Conf. of Laws, 19, § 18; Lemon v. People, 20 N. Y. 562; 2 Pars. on Cont. [8th ed.] 569; 3 Am. & Eng. Ency. of Law [1st ed.], 502,…
1Opinion of the CourtHaight, J.
This action was brought upon a promissory note made at Tnscumbia, in the state of Alabama, by the defendants, Chapman, Reynolds & Co., a copartnership engaged in business at that place, in the building of a lock in the Tennessee river for the government of the United States, of which note the following is a copy:
“ $5,000. Tuscumbia, Alabama, May 1st, 1894.
“ Six months after date we promise to pay to the order of E. P. Reynolds, Jr., five thousand and no lOOths dollars, value received, with interest at eight per cent, per annum from date, payable at Union National Bank, Chicago, Illinois.
“…
2Cases cited3 opinions
- Scudder v. Union National BankSupreme Court of the United States · 1875
- Dickson v. United StatesMassachusetts Supreme Judicial Court · 1878
- Grand v. LivingstonAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by66 opinions
- Auten v. AutenNew York Court of Appeals · 1954
- Matter of Allstate Ins. Co.(stolarz-Njm)New York Court of Appeals · 1993
- Intercontinental Planning, Ltd. v. Daystrom Inc.New York Court of Appeals · 1969
- In re the Arbitration between Allstate Insurance & StolarzNew York Court of Appeals · 1993
- Findley v. Blinken (In Re Joint Eastern & Southern District Asbestos Litigation)District Court, S.D. New York · 1991
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