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Frederick F. Ingram & Co. v. Cottier

138 A.D. 925 Court N.Y. App. Div. English

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p. 925
Frederick F. Ingram & Company, Respondent, v. John H. Cottier and William Chubbock, Appellants, Impleaded with Another, Defendant.

Judgment of the Municipal Court reversed and new trial ordered, costs to abide the event, upon the ground that the evidence shows that Finch’s indebtedness to the plaintiff was for an overdraft on his personal account for commissions and not for the purposes of the business which Finch was prosecuting for the plaintiff, and hence not within the terms or-contemplation of the bond.. Woodward, Jenks, Burr, Thomas and Carr, JJ., concurred.