Wilson v. Williams
New York Supreme Court
This was an action of assumpsit tried at the New-York circuit, before the Hon. Ogden Edwards, one of the circuit judges. The action was brought against the defendants as the endorsers of three promissory notes amounting together to about SI900, bearing date 23d November, 1831, payable in 3, 4, and 5 months.
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This was an action of assumpsit tried at the New-York circuit, before the Hon. Ogden Edwards, one of the circuit judges. The action was brought against the defendants as the endorsers of three promissory notes amounting together to about SI900, bearing date 23d November, 1831, payable in 3, 4, and 5 months. The notes were drawn by Joseph Denison, payable to the defendants by the name of Denison Williams <8p Co., under which name the defendants transacted business as fur merchants. The endorsement of the notes in the name of the firm, was in the hand writing of Williams, one of the members of…
1Opinion of the Court
By the Court,
Bronson, J.
It was enough for the plaintiffs to prove, in the first instance, that the defendants were partners, and that the endorsement of the notes was in the hand-writing of Williams, one of the firm. But when it appeared that the notes were not endorsed in the course of the partnership business, but for the benefit of Denison, and that this fact was known to the plaintiffs, it was then incumbent on them to show that Johnson as well as Williams had assented to this undertaking. Penoyer, the plaintiffs’ agent who made the sale, knew that the endorsements were not, made on…
2Cases cited3 opinions
- Laverty v. BurrNew York Supreme Court · 1828
- Bank of Rochester v. BowenNew York Supreme Court · 1831
- Demyer v. SouzerNew York Supreme Court · 1831
3Cited by16 opinions
- Commercial Bank of Buffalo v. . WarrenNew York Court of Appeals · 1857
- Union National Bank of Rahway v. UnderhillNew York Court of Appeals · 1886
- Livingston v. HastieNew York Supreme Court · 1804
- Doane v. EddyNew York Supreme Court · 1837
- Moore v. MurdockCalifornia Supreme Court · 1864
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