This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1901 edition. Excerpt: ...it bears upon its face sufiicient notice of the incapacity of the oflicer or agent to issue it,"--citing the Wilson and Gerard Cases, supra, and also Hanover Nat. Bank of New York City v. American Dock & Trust Co., 148 N. Y. 612, 43 N. E. 72, 3 Am. & Eng. Corp. Cas., N. S., 408; Bank of New York Nat. Banking Ass'n 11. American Dock & Trust Co., 143 N. Y. 559,38 N. E.713,1 Am. & Eng. Corp. Cas., N. S., 328. In Rochester & C. Turnpike Road Co. 1/. Paviour the case at bar the appearances were not deceptive, but suggested the true state of affairs, which worked a fraud on the plaintiff. See also, First Nat. Bank of Paterson 1/. National Broadway Bank, 156 N. Y. 459, 51 N. E. 398, 42 L. R. A. 139; Smith 1/. Weston, 159 N. Y. 194, 199, 54 N. E. 38; Angle 1/. Insurance Co., 92 U. S. 330, 342, 23 L. Ed. 556. The case of Dike 1/. Drexel, 11 App. Div. 77, 42 N. Y. Supp. 997, afiirmed without opinion in 155 N. Y. 637, 49 N. E. 1096, which is relied upon by the defendant, does not conflict with the views herein expressed. According to the facts found in that case, a new firm had succeeded an old firm, composed in part of the same members, and with a similar. but not identical, firm name. The business of the new firm "was apparently the same as and a continuation of that" of the old, "and such appearance was a natural result of the conduct and acquiescence of the other members of the new firm, from the formation and during the entire continuance thereof." "In fact, the business and assets of the old firm were so mingled with those of the new firm as to establish a practical identity between the two firms." The new firm gave certified checks to be applied upon an indebtedness of the old, ...