North v. Mudge & Co.
Supreme Court of Iowa
Appeal from Wapello District Court The facts are stated in the opinion of the court. A confession of judgment by one partner, in the name of the firm, without the consent of his copartners, is valid against the party making the confession. Crane v. French, 1 Wend., 812 ; McBride v. Hagen & Barrett, Id., 826; Green v. Beals, 8 Caines, 254. The judgment against Mudge was a complete bar to another suit against the firm.
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Appeal from Wapello District Court The facts are stated in the opinion of the court. A confession of judgment by one partner, in the name of the firm, without the consent of his copartners, is valid against the party making the confession. Crane v. French, 1 Wend., 812 ; McBride v. Hagen & Barrett, Id., 826; Green v. Beals, 8 Caines, 254. The judgment against Mudge was a complete bar to another suit against the firm. B06-értson v. Smith, 18 John., 459; Sloo v. Lea, 18 Ohio, 279 ; Smith v. Black, 9 S. & R., 142; Mann v. McNutty, 2 Gilm., 853; Moal v. HolMns, 11 Gill & John., 11; Warfy. Johnson…
1Opinion of the Court
. Lowe, J.1
On the 11th day of October, 1852, the defendants, A. Mudge & Co., made and delivered their promissory note to the order of plaintiffs, for the sum of *497$836.50, payable six months after date. Prior to the 12th day of August, 1854, credits to the amount of $256.50 were entered upon said note. On the day last named, plaintiffs procured A. Mudge, one of the members of the firm of A. Mudge & Co., to confess a judgment of $638.50, in vacation, against said firm, in favor of the plaintiffs, upon a sworn statement of facts of the transaction out of which the indebtedness arose. This…
2Cases cited4 opinions
- Robertson v. SmithNew York Supreme Court · 1821
- Ward v. JohnsonMassachusetts Supreme Judicial Court · 1816
- Smith v. BlackSupreme Court of Pennsylvania · 1822
- Christy v. SheehanSupreme Court of Iowa · 1860
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- Blythe v. CordinglyColorado Court of Appeals · 1905
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