Hyperlawhypertext legal database Frederick F. Ingram & Co. v. Cottier 123 N.Y.S. 1116

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Frederick F. Ingram & Co. v. Cottier

123 N.Y.S. 1116 Court N.Y. App. Div. Decision date 1910-05-26 English

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p. 1116
FREDERICK F. INGRAM & CO., Respondent, v. COTTIER et al., Appellants.
(Supreme Court, Appellate Division, Second Department.
May 26, 1910.)

Headnote

Action by Frederick F. Ingram & Go. against John H. Cottier and others.

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.