Perrin v. Keene
Supreme Judicial Court of Maine
The parties in this action agree to submit it to the full Court for their decision, upon the following agreed statement of facts: — This was an action of assumpsit brought upon three notes of hand, each bearing date, Boston, May 23d, 1838, and payable to the firm of Perrin & Ellis, (plaintiffs) or order, and each signed “ Keene & Weston, by Win.
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The parties in this action agree to submit it to the full Court for their decision, upon the following agreed statement of facts: — This was an action of assumpsit brought upon three notes of hand, each bearing date, Boston, May 23d, 1838, and payable to the firm of Perrin & Ellis, (plaintiffs) or order, and each signed “ Keene & Weston, by Win. K. Weston,” the first for $850,12, due in six months, with interest, the second for $850,13, due in twelve months, with interest semi-annually, and the third for $850,12, due in eighteen months, with interest semi-annually. Upon the first note was the…
1Opinion of the Court
Bv the Court.
Weston had no right, to sign the notes in suit in the name of the firm, unless he derived it from the authority given him to settle and adjust the copartnership business. This does not give him any power to make new contracts, or to create new' liabilities, binding on the firm. No such power can be derived from the agreement that Weston should settle and close the business of the firm. The notes, then, are made and delivered without authority and are not valid against the firm.
Is the account still existing and may it properly be introduc*358ed into the writ by way of amendment, by…
2Cited by5 opinions
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