National Bank of Salem v. . Thomas
New York Court of Appeals
Appeal from judgment of the Supreme Court in the third department, affirming a judgment in favor of defendant entered upon the report of a referee. The facts sufficiently appear in the opinion. In a contract by an agent in his own name, for an unknown principal, the principal is liable. (Fowler v. Seaman, 40 N. Y., 592; Clapp v. Rogers, 2 Kernan, 283; Hyde v. Paige, 9 Barb., 150.) The evidence being undisputed, this court must reverse the judgment.
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Appeal from judgment of the Supreme Court in the third department, affirming a judgment in favor of defendant entered upon the report of a referee. The facts sufficiently appear in the opinion. In a contract by an agent in his own name, for an unknown principal, the principal is liable. (Fowler v. Seaman, 40 N. Y., 592; Clapp v. Rogers, 2 Kernan, 283; Hyde v. Paige, 9 Barb., 150.) The evidence being undisputed, this court must reverse the judgment. (Roberts v. Fisher, 43 N. Y., 159.) The money should be refunded. (Smith v. Felton, 43 N. Y., 419.) Plaintiff must show that the signature was…
1Opinion of the CourtAllen, J.
The plaintiff seeks to charge the defendant, as a member of a copartnership, composed of himself, Henry Cock, Jonathan Hoag and Stephen Batty, upon two notes of $3,000 each, made in March, 1866, by Hoag to the order of and indorsed by Batty, and discounted by the plaintiff at the request of E. W. Griffen & Co., of Albany, to whom the proceeds were paid. The allegations of the complaint are that the defendant and the others named were partners, doing business under and using the firm name of Jonathan Hoag, and were and for a long time had been in the habit of making, and did make, notes in…
2Cases cited4 opinions
- Mayer v. . the PeopleNew York Court of Appeals · 1880
- Winship v. the Bank of the United StatesSupreme Court of the United States · 1831
- Le Roy, Bayard & Co. v. JohnsonSupreme Court of the United States · 1829
- Jaques v. MarquandNew York Supreme Court · 1826
3Cited by20 opinions
- Handel v. ElliottTexas Supreme Court · 1883
- Williams v. . GilliesNew York Court of Appeals · 1878
- Elmira Iron & Steel Rolling Mill Co. v. HarrisNew York Court of Appeals · 1891
- Stringer v. StevensonCourt of Appeals for the Second Circuit · 1917
- Van Voorhis v. WebsterNew York Supreme Court · 1895
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