Pentz v. Stanton
New York Supreme Court
This was an action of assumpsit, tried at the Madison circuit in September, 1830, before the Hon. Nathan Williams, one of the circuit judges. The first count in the declaration was on a bill of exchange for $158,36, bearing date 35th May, 1836, charged to have been drawn by one Henry F. West, by the name and description of II. F. West, agent, he, the said West, then and there being the agent and servant of the defendant in that behalf, according to the custom of merchants.
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This was an action of assumpsit, tried at the Madison circuit in September, 1830, before the Hon. Nathan Williams, one of the circuit judges. The first count in the declaration was on a bill of exchange for $158,36, bearing date 35th May, 1836, charged to have been drawn by one Henry F. West, by the name and description of II. F. West, agent, he, the said West, then and there being the agent and servant of the defendant in that behalf, according to the custom of merchants. The bill was drawn on one James Carey, payable four months after date, was accepted by Carey, and when due was protested…
1Opinion of the Court
By the Court,
Sutherland, J.
The plaintiff cannot recover upon the bill of exchange against the present defendant. His name no where appears upon it. It was drawn and subscribed by West in his own name, with the simple addition of “ agent,” but without any specification whatever of the name of the principal. Mr. Chitty, in his valuable Treatise on Bills, says, page 22, “ It is a general rule that no person can be considered a party to a bill, unless his name or the name of the firm of which he is a partner, appear on some part of it fJ and .Mr. Justice Butter, in Fenn v. Harrison, 3 T. R. 761,…
2Cases cited5 opinions
- Stackpole v. ArnoldMassachusetts Supreme Judicial Court · 1814
- Thacher v. DinsmoreMassachusetts Supreme Judicial Court · 1809
- Rossiter v. RossiterNew York Supreme Court · 1832
- Van Reimsdyk v. KaneU.S. Circuit Court for the District of Rhode Island · 1813
- Meyer v. BarkerSupreme Court of Pennsylvania · 1814
3Cited by66 opinions
- Jackson School Township v. FarlowIndiana Supreme Court · 1881
- Meeker v. . ClaghornNew York Court of Appeals · 1871
- Sparks v. Dispatch Transfer Co.Supreme Court of Missouri · 1891
- Casco National Bank of Portland v. ClarkNew York Court of Appeals · 1893
- Evans v. Wells & SpringCourt for the Trial of Impeachments and Correction of Errors · 1839
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