Riggs v. Andrews & Co.
Supreme Court of Alabama
Writ of Error to the County Court of Dallas. Assumpsit by Andrews & Co. against Riggs, as the indorser of a promissory note, which, in the indorsement on the writ, is thus set out: “ Mobile, 28th April, 1841. Three years after date, we promise to pay to Daniel M. Riggs, Esq. or order, six hundred and eighty-two 1G-10Q dollars, value received, negotiable and payable at the Bank of Mobile. “ Gayle & Bower, in liquidation, By Wm. Bower.”
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Writ of Error to the County Court of Dallas. Assumpsit by Andrews & Co. against Riggs, as the indorser of a promissory note, which, in the indorsement on the writ, is thus set out: “ Mobile, 28th April, 1841. Three years after date, we promise to pay to Daniel M. Riggs, Esq. or order, six hundred and eighty-two 1G-10Q dollars, value received, negotiable and payable at the Bank of Mobile. “ Gayle & Bower, in liquidation, By Wm. Bower.” The declaration describes-the note as made by Gayle & Bower. The defendant appeared, and craved oyer of the writ and in-dorsement upon it, which being given, he…
1Opinion of the CourtGoldthwaite, J.
1. The demurrer to the declaration for the supposed variance from the indorsement on the writ, and the proposition to exclude the note from the jury, present the same question; and we think it was properly decided in the Court below. Whatever may be the authority of one partner to bind the firm after its dissolution, it is certain he may do so, if he has an express authority given for that purpose, and here the prima facie intendment is, that the note declared on and offered in evidence, is the note of Gayle & Bower. The addition after the signature of “ in liquidation,” need not be carried…
2Cited by7 opinions
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