Grafton Bank v. Moore
Superior Court of New Hampshire
Assumpsit, against Benjamin Ellis, Moses P. Little and .the defendant, alleged to be partners under the name of Ellis, Little & Co., as acceptors of a bill of exchange drawn by Moses P. Little, payable to his order at the Market Bank, in Boston, three months after date, and indorsed to the plain•tiffs. No service was made upon Ellis, nor upon Little. Moore pleaded that he did not make the promise alleged jointly with Ellis and Little.
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Assumpsit, against Benjamin Ellis, Moses P. Little and .the defendant, alleged to be partners under the name of Ellis, Little & Co., as acceptors of a bill of exchange drawn by Moses P. Little, payable to his order at the Market Bank, in Boston, three months after date, and indorsed to the plain•tiffs. No service was made upon Ellis, nor upon Little. Moore pleaded that he did not make the promise alleged jointly with Ellis and Little. The bill was drawn at Little-ton, in this State, and accepted by Little, in the partnership ■name of Ellis, Little & Co. The plaintiffs offered evidence tending…
1Opinion of the CourtGilchrist, J.
The case finds in substance that there was a partnership transacting business by the name of Ellis, Little & Co. The first question presented is, whether Ellis can be proved to be a member of the partnership, by evidence of his admissions to that effect. The action was brought against the three persons who are alleged to constitute the firm, but the writ was not served upon Ellis or upon Little.
The case of Whitney vs. Ferris, 10 Johns. 66, is similar to the present case. Jonathan Ferris was impleaded with the defendant, as his partner, but no service was made upon him, nor was any service…
2Cases cited7 opinions
- Bank of the United States v. DANIELSupreme Court of the United States · 1838
- Townsley v. SumrallSupreme Court of the United States · 1829
- Buckner v. Finley & Van LearSupreme Court of the United States · 1829
- Wells v. WhiteheadNew York Supreme Court · 1836
- Whitney v. FerrisNew York Supreme Court · 1813
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