Practical Elementary Digest of the Reported Cases in the Supreme Court of Judicature, and the Court for the Correction of Errors, of the State of New York; Together with the Reported Cases of the Superior Court for the City and Volume 1
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Practical Elementary Digest of the Reported Cases in the Supreme Court of Judicature, and the Court for the Correction of Errors, of the State of New York; Together with the Reported Cases of the Superior Court for the City and Volume 1

Practical Elementary Digest of the Reported Cases in the Supreme Court of Judicature, and the Court for the Correction of Errors, of the State of New York; Together with the Reported Cases of the Superior Court for the City and Volume 1


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1841 edition. Excerpt: ...proper names to a promissory note, prima facie, they are personally liable, although they add a description of the character in which the note is given, but such presumption of liability may be rebutted by proof, that the note was in fact given by the makers as the agents of a corporation for a debt of the latter due to the payee, and that thev were duly authorized to made such note; and such facts may be pleaded in bar of an action against the makers personally, averring knowledge on the part of the payee. Brockway v. Allen, 17 Wen. 40. 175. It is no objection lo snch defence that the names of the corporation be not correctly stated in the description attached to the signature; it is enough if it appear that the makers did not intend to be personally bound. lb. 176. A person cannot shield himself from liability by showing that he acted as the agent of another, unless he awwed himself as such to him with whom he contracted, or the fact was known to him. lb. 177. A drawer of a bill, or the endorser of a note is not discharged from liability by the omission of the holder to make presentment or demand, or to give notice of non-acceptance or non-payment, when it is clearly shown that no injury or damage has been sustained in consequence of the omission. Albany Commercial Bank v. Hughes, 17 Wen. 94. 178. Damages however will be presumed from the omission, until all possibility of injury from the laches of the holder is removed by proof. lb. 179. Where a party gives an acceptance for the accommodation of another, who passes it to his creditor to apply in payment of a note, and the creditor procures the acceptance to be discounted, and transmits its avails to the acceptor, with instructions to apply the same to the payment of the note, who instead of...


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Product Details
  • ISBN-13: 9781130369366
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 316
  • Spine Width: 17 mm
  • Width: 189 mm
  • ISBN-10: 1130369366
  • Publisher Date: 01 Jun 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 567 gr


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Practical Elementary Digest of the Reported Cases in the Supreme Court of Judicature, and the Court for the Correction of Errors, of the State of New York; Together with the Reported Cases of the Superior Court for the City and Volume 1
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Practical Elementary Digest of the Reported Cases in the Supreme Court of Judicature, and the Court for the Correction of Errors, of the State of New York; Together with the Reported Cases of the Superior Court for the City and Volume 1
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