Horton v. Garrison
New York Supreme Court
THIS was an action brought to recover the amount due on an instrument in writing, in the words and figures following: “ Sixty days after date, we promise to pay Joshua J. Horton, or order, sixty-six dollars and twenty-eight cents for value received, for and on account of his wages, as teacher in school district No. 4, for teaching up to this date.
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THIS was an action brought to recover the amount due on an instrument in writing, in the words and figures following: “ Sixty days after date, we promise to pay Joshua J. Horton, or order, sixty-six dollars and twenty-eight cents for value received, for and on account of his wages, as teacher in school district No. 4, for teaching up to this date. August 21, 1849. .John Harrison, ? m „ William Hoffman, \ The defendant Hoffman put in no answer; the defendant Harrison answered the complaint. The' action was, by consent, duly referred to Hon. Thomas McKissock, as sole referee, to hear and…
1Opinion of the CourtEmott, J.
It is well settled that when individuals acting as agents, trustees or other proper representatives of a corporation, execute a note or other contract in behalf of the corporation, as a note for the payment of its precedent debt, or an executory agreement within the scope of its business, describing themselves as its agents and having in fact authority to make the contract in question, and where these facts are known to the other party, the note or agreement is the contract of the corporate body, and not of the persons signing it, individually. (Brockway v. Allen, 17 Wend. 40. Randal v. Van…
2Cases cited5 opinions
- Randall v. Van VechtenNew York Supreme Court · 1821
- Brockway v. AllenNew York Supreme Court · 1837
- McCoy v. CurticeNew York Supreme Court · 1832
- Fister v. La RueNew York Supreme Court · 1853
- Silver v. CummingsNew York Supreme Court · 1831
3Cited by10 opinions
- Gildersleeve v. Board of EducationNew York Court of Common Pleas · 1863
- Parrott v. Knickerbocker Ice Co.The Superior Court of New York City · 1869
- People ex rel. Remington v. RectorNew York Supreme Court · 1866
- Parrott v. Knickerbocker Ice Co.The Superior Court of New York City · 1869
- Whitford v. BissellNew York Supreme Court · 1857
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