Brigham v. Clark
Massachusetts Supreme Judicial Court
Contract to charge Levi C. Clark and Thomas J. Dunbar, as indorsers, under the style of L. C. Clark & Co., of four promissory notes, dated January 1, 1862, made by Philander A. Jones, and owned by the plaintiff. Writ dated July 22,1867. Clark was defaulted.
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Contract to charge Levi C. Clark and Thomas J. Dunbar, as indorsers, under the style of L. C. Clark & Co., of four promissory notes, dated January 1, 1862, made by Philander A. Jones, and owned by the plaintiff. Writ dated July 22,1867. Clark was defaulted. Dunbar’s answer denied that he was a partner of Clark, or a member of any firm under the style of L. C. Clark & Co. At the trial in the superior court, before Reed, J., there was evidence tending to show that, on September 3, 1857, Dunbar, with John Muzzy, (since deceased,) as copartners under the firm of T. J. Dunbar & Co., signed, with…
1Opinion of the CourtFoster, J.
We entertain no doubt of the correctness of the ruling that, by the terms of the written agreement, the defendant Dunbar was made a copartner with L. C. Clark. Pratt v. Langdon, 12 Allen, 544, and 97 Mass. 97. But the partnership agreement did not state the style of the firm ; and it was *432material to show that the notes indorsed “ L. C. Clark & Co.’ had been given by and in the name of the partnership which the writing disclosed. L. C. Clark, being a witness, testified, among other things, that such was the style of the firm. To contradict him, the defendant offered the papers in the…
2Cases cited1 opinion
- Pratt v. LangdonMassachusetts Supreme Judicial Court · 1867
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