Kelton v. Leonard
Supreme Court of Vermont
Heard by the court at the September Term, 1880, Washington County, Redpield, J., presiding. Action, assumpsit upon a note.
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Heard by the court at the September Term, 1880, Washington County, Redpield, J., presiding. Action, assumpsit upon a note. The court found that H. C. & E. 0. Leonard were partners when the note was given, and had been for several years; that the style of their firm name, as used by them, was sometimes “ Leonard Brothers,” and sometimes, “ H. 0. & E. 0. Leonard ”; that E. 0. Leonard executed the note; that he did most of the partnership business in settling with the shop and storekeepers at Barre, where they resided ; that he gave receipts and notes in the name of H. 0. & E. 0. Leonard; that…
1Opinion of the Court
The opinion of the court was delivered by
Rowell, J.
The court has found as matter of fact, that Boyce, as a prudent man, familiar with the nature and extent of the partnership business, and the manner of conducting the same, believed at the time he took said note, and had a right to believe, that E. 0. Leonard had authority to sign the firm name thereto. This belief was generated by a knowledge of the course of the business, the most of which was done by E. 0. Leonard. When the course of business is such as to induce an honest belief that a partner, professing to act for the firm, has…
2Cases cited1 opinion
- Blodgett v. WeedMassachusetts Supreme Judicial Court · 1875
3Cited by7 opinions
- Trask v. Walker's EstateSupreme Court of Vermont · 1926
- Taft v. TaftSupreme Court of Vermont · 1907
- Raymond v. Sheldon's EstSupreme Court of Vermont · 1918
- Utley v. School District of WoodburySupreme Court of Vermont · 1939
- Village of St. Johnsbury v. CenedallaSupreme Court of Vermont · 1937
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