First National Bank v. Commercial Travelers' Home Ass'n of America
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Commercial Travelers’ Home Association of America, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Broome on the 10th' day of April, 1905, upon the verdict of a jury rendered by direction of the court, and also from so much of an order entered in said clerk’s office on the 10th day of April, 1905, as denies the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Houghton, J.:
The action is upon a negotiable note for $4,000, dated February 4, 1899, signed by the defendant by its treasurer, payable to the order of George E. Green, and transferred to the plaintiff by him before maturity.
Green was the president of the defendant at the time of the giving and the negotiating of the note. The defense is want of consideration and lack of authority in the treasurer to sign.
*80At the close of plaintiff’s case the defendant made a motion for dismissal of the complaint; this being denied, it rested without submitting further proof. Thereupon the plaintiff made a…
2Cases cited4 opinions
- Kent v. . Quicksilver Mining Co.New York Court of Appeals · 1879
- Sheldon Hat Blocking Co. v. Eickemeyer Hat Blocking MacHine Co.New York Court of Appeals · 1882
- Fifth National Bank of Providence v. Navassa Phosphate Co.New York Court of Appeals · 1890
- Sheridan Electric Light Co. v. Chatham National BankNew York Court of Appeals · 1891
3Cited by8 opinions
- O'Connor v. Bankers Trust Co.New York Supreme Court · 1936
- Goss v. GossAppellate Division of the Supreme Court of the State of New York · 1911
- Moses v. SouleNew York Supreme Court · 1909
- Fensterer v. Pressure Lighting Co.City of New York Municipal Court · 1914
- Baker v. Henry Glass & Co.New York Supreme Court · 1988
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