Moran v. Risley
New York Marine Court
The plaintiff sued the defendant Risley as the maker and the defendant Copeland as the indorser of a promissory note in these words: [$150] New York, February 1, 1879. Three months after date I, as assignee of John S. Prouty, promise to pay to the order of H. P. Copeland one hundred and fifty dollars, at my office, No. 128 Broadway ; value received. John E. Risley, As assignee of John S. Prouty in bankruptcy. Indorsed, H. P. Copeland.
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The plaintiff sued the defendant Risley as the maker and the defendant Copeland as the indorser of a promissory note in these words: [$150] New York, February 1, 1879. Three months after date I, as assignee of John S. Prouty, promise to pay to the order of H. P. Copeland one hundred and fifty dollars, at my office, No. 128 Broadway ; value received. John E. Risley, As assignee of John S. Prouty in bankruptcy. Indorsed, H. P. Copeland. The note was given by Risley, the maker, to Copeland,' the indorser, in payment for services rendered, at the request and upon the employment of Risley, in…
1Opinion of the CourtMcAdam, J.
Mr. Risley, in his representative capacity as assignee, had no power to bind the bankrupt estate by promissory notes or other like obligations, and in consequence charged himself personally, upon the familiar principle that he who is capable of contracting and does contract in his own name, although as the agent of another, who is incapable of contracting, is held to intend to bind himself; since in no other way can the contract possess any vitality, but would perish from its own intrinsic infirmity (Story on Agency, §§ 273, 280, 281; Story on Promissory Notes, 7 ed. § 63; 1 Daniel on…
2Cases cited9 opinions
- Ferrin v. . MyrickNew York Court of Appeals · 1869
- Sumner v. WilliamsMassachusetts Supreme Judicial Court · 1811
- Story v. ElliotCourt for the Trial of Impeachments and Correction of Errors · 1827
- Willcox v. SmithNew York Supreme Court · 1858
- Forster v. FullerMassachusetts Supreme Judicial Court · 1809
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