98 N.Y.S. 1026 | N.Y. App. Div. | 1906
This is an action against the maker of ¿'promissory note for $1,000. The note was duly authorized by a resolution of the board of directors of the defendant, but it was issued to one bf the directors without consideration. The note was made in the name of the defendant, a business corporation, signed by its president and secretary, and made payable to the order of E. R. Poerschke. The payee was one of the directors. He was a mason and builder and for many years had purchased material of the plaintiffs, who were dealers in granite. He owed them $1,027. They demanded payment and he turned over to them this note before maturity, for
It follows, therefore, that the' order of the Appellate Term and order and judgment of the City Court should be reversed and a new trial granted, with costs to appellant to abide the event.
O’Brien, P. J., Patterson, Ingraham and Clarke, JJ., concurred.
Determination, judgment and order, reversed and new* trial ordered, costs to appellant to abide event. Order filed.