Reports of Cases Heard And Determined in the Appellate Division ..., volume 149
Reports of Cases Heard And Determined in the Appellate Division ..., volume 149
New York (State). Supreme Court. Appellate Division, Marcus Tullius Hun, Jerome B. Fisher, Austin B. Griffin
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entire estate. The language employed, given its ordinary interpretation, does not say or mean, as it seems to me, any such thing. I conclude that the decree of the surrogate is right and should be affirmed, with costs payable by the appellant. FooTE, J., concurred. Decree of Surrogate's Court reversed and matter remitted to the Surrogate's Court, with directions to proceed in accordance with the opinion of Spring, J., with costs and disbursements to the appellant payable out of the estate. Warr...en Jacobus, Appellant, v, Jamestown Mantel Com- pany, Eespondent. Fourth Department, March 6, 1912. BUls and notes — transfer after mattirity — corporation — ultra vires — accommodation paper ->- principal and agent — when notice to officer of trust company notice to corporation — facts not showing scheme to defraud corporation — when treasurer of business corporation not authorized to sign negotiable paper — implied authority, when question of fact. Where a promissory note is transferred after maturity the maker when sued by the transferee may take all defenses available against the transferor.
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