Walker v. White
Michigan Supreme Court
Error to Ingham. (Gfridley, J.) Replevin. Plaintiff brings error. The facts are stated in the opinion. The money borrowed on the Porter note, which was signed by loth partners in their individual names, was used in the firm business; it was therefore a firm liability from the beginning: Daniels on Negotiable Instruments (3d ed.) 331; Richardson v. Huggins, 23 N. H. 122; and if the note had been signed by Taylor alone, the firm had the right, if solvent, to assume its…
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Error to Ingham. (Gfridley, J.) Replevin. Plaintiff brings error. The facts are stated in the opinion. The money borrowed on the Porter note, which was signed by loth partners in their individual names, was used in the firm business; it was therefore a firm liability from the beginning: Daniels on Negotiable Instruments (3d ed.) 331; Richardson v. Huggins, 23 N. H. 122; and if the note had been signed by Taylor alone, the firm had the right, if solvent, to assume its payment, and mate it a firm indebtedness : Heineman v. Hart, 55 Mich. 64. The instrument is really seven different mortgages,…
1Opinion of the CourtMorse, J.
Charles H. Porter and Samuel B. Taylor formed a copartnership pnder the name of Porter & Taylor, to conduct a retail grocery business in the city of Lansing.
The capital stock put in was $1,000 each; Henry E. Porter giving his son Charles H. his share, and loaning Taylor his share, taking from Taylor a note for $1,000, signed by Taylor individually, and also by Charles H. Porter as surety.
The firm became indebted largely and financially embarrassed, and while in this situation Taylor went to Detroit, *430and, without the knowledge or consent of his copartner, executed a mortgage in the firm name…
2Cases cited6 opinions
- Worthington v. HannaMichigan Supreme Court · 1871
- Adams v. NiemannMichigan Supreme Court · 1881
- Harvey v. McAdamsMichigan Supreme Court · 1875
- Wilson v. MontagueMichigan Supreme Court · 1885
- Baldwin v. TalbotMichigan Supreme Court · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Warner v. LittlefieldMichigan Supreme Court · 1891
- Lyon v. BallentineMichigan Supreme Court · 1886
- Farwell v. WareenWisconsin Supreme Court · 1890
- Kelly v. Theo. Hamm Brewing Co.Supreme Court of Minnesota · 1918
- Tefft v. SternCourt of Appeals for the Sixth Circuit · 1896
4 more not listed; retrieve them via the Exa API.