No. 428. Certificate of acknowledgment by person acting as agent, who is known to officer.26 On this 5th day of January, 1923, before me personally appeared John Doe, to me known to be the person described in and who executed the foregoing instrument in behalf of Henry Koe, and acknowledged that he executed the same, as the free act and deed of said Henry Koe. (Seal) Richard Roe, Notary Public, New York County, No. 50. No. 429. Certificate of acknowledgment by officer of a corporation, who is known to officer.27 On this 5th day of January, 1923, before me appeared John Doe, to me personally known, who, being by me duly sworn, did say that he is the president of John Doe, Inc., and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its board of directors, and said John Doe acknowledged said instrument to be the free act and deed of said. corporation. (Seal) 26 Cf. Note 24, ante. 27 Cf. Note 24, ante. Richard Roe, Notary Public, New York County, No. 50. New York Register No. 150. No. 430. Certificate of acknowledgment by officer of a joint stock association, who is known to officer.2 28 On this 5th day of January, 1923, before me appeared John Doe, to me personally known, who, being by me duly sworn, did say that he is the president of John Doe & Co., and that the seal affixed to said instrument is the seal of said association, and that said instrument was signed and sealed in behalf of said association by authority of its board of trustees, and said John Doe acknowledged said instrument to be the free act and deed of said association. On this 5th day of January, 1923, before me personally came. John Doe, to me known, who, being by me duly sworn, said: that he resides at No. 111⁄2 Broadway, Borough of Manhattan, New York City; that he knows Henry Koe, and knew him to be the person described in, and who executed, the foregoing instrument; 28 Cf. Note 24, ante. 29 Cf. The execution of an instrument may, also, be established, without an acknowledgment, by one, who witnessed its execution, and, at the same time. subscribed his name to it as a witness (N. Y. Consol. Laws (1909), Ch. 52, secs. 292, 304, 306; Van Cortland v. Tozer (1838), 20 Wend. (N. Y.) 423). Proof in such a case must be made by the witness who is an officer and who is qualified to take acknowledgments. (Cook v. Kelley (1861), 12 Abb. Pr. (N. Ÿ.) 35; aff'd. (1862), 14 Abb. Pr. (N. Y.) 466). that he saw the said Henry Koe execute the said instrument; and that he thereupon subscribed his name as a witness thereto. Richard Roe, (Seal) Notary Public, New York County, No. 50. No. 432. Certificate of proof by subscribing witness originally unknown to officer, whose identity is established by the oath of a person known to officer.30 On this 5th day of January, 1923, before me personally came John Doe, to me satisfactorily proven to be the subscribing witness to the foregoing instrument, by the sworn statements of one Henry Koe, who is known to me, and, who, being by me duly sworn, said: that he resides at No. 111⁄2 Broadway, Borough of Manhattan; that he has known the said John Doe for two years and that he knew him to be the subscribing witness to the foregoing instrument; and the said John Doe, being by me duly sworn, said: that he resides at No. 111⁄2 Broadway, Borough of Manhattan, New York City, State of New York; that he knows John Jones, and knew him to be the person described in, and who executed the foregoing instrument; and that he, the said John Doe, thereupon subscribed his name as a witness thereto. (Seal) Richard Roe, Notary Public, New York County, No. 50. 0 Cf. Tuit v. People (1867), 36 N. Y. 431; note 29, ante. Of maturity of notes, upon default in one, 78. Of maturity of principal at alteration of building, without mortgagee's, Of maturity of principal of subordinate mortgage, upon default in inter- Acceptance, Of assignment of contract, 55. Accord and Satisfaction, See Compromise; Debtor and Creditor. Agreement of, 197. Agreement of composition, 187. Agreement of composition, after assignment for benefit of creditors, 189. Absolute guaranty of payment of, 272. Agreement of assignee for benefit of creditors to, 189. Agreement of lender to loan upon merchandise, 201. Assignment of, as collateral security, 671. Assignment of, by corporation to stockholder, 154. See Certificates of Acknowledgment. Action, Agreement of husband to appear in divorce, 312. Agreement of separation, made after commencement of, 304. Agreement for erection of party wall, 183. Agreement restricting erection of buildings, 264. Option to terminate agreement to display sign-board, upon erection of obstruction on, 18. Adjustment Mortgage, Agreement to execute, 551. Adoption, Agreement appointing committee to adopt plan to reorganize railway Plan and agreement for re-adjustment of debts of two corporations, 218. Adult, Agreement ratifying debt incurred when a minor, 186. Advances, Covenant of employer of traveling salesman to make, 477. Agreements. Agreement for advertising space in successive issues of monthly maga Agreement for advertising space in newspaper, 4. Agreement for advertising space in theatre programs, 5. Agreement to insert advertising cards in street cars, 6. Agreement authorizing erection and maintenance of bulletin board for Agreement to display illuminated advertising sign, 14. 869 |