Miller v. Lumsden
Illinois Supreme Court
Miller brought his action in assumpsit against Lumsden and Co., and Lewis and Adams, upon a note. Plea, the general issue.
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Miller brought his action in assumpsit against Lumsden and Co., and Lewis and Adams, upon a note. Plea, the general issue. On the trial, Miller produced his note in evidence, when it appeared that Lumsden and Co. had given George A. Lamb and Co., of which firm Miller was a partner, a draft, on some parties in St. Louis for the amount due upon the note, which was taken with an understanding between John M. Lamb, the partner of Lumsden, and George A. Lamb, the partner of Miller, that if the draft was paid, it should be taken as payment of said note; if not, it was to be returned and be no…
1Opinion of the CourtTbeat, C. J.
It is a fair conclusion from the evidence, that the plaintiff authorized or ratified the arrangement made between his partner and Lumsden and Co., in relation to the note. A witness understood him to say, that the note was the property of the partnership. Although the partner denies the truth of this declaration, yet he admits that the arrangement was made for the express purpose of getting the proceeds of the note into the partnership. He obtained a bill of exchange from Lumsden and Co., payable to the firm, and then indorsed’ it in the name of the firm to one of the partnership creditors.…
2Cases cited2 opinions
- Holmes v. D'CampNew York Supreme Court · 1806
- Raymond v. MerchantNew York Supreme Court · 1824
3Cited by5 opinions
- Jackson v. BrownSupreme Court of Georgia · 1897
- Leake v. BrownIllinois Supreme Court · 1867
- Bradford v. Neill & Mahnke Construction Co.Appellate Court of Illinois · 1898
- Belleville Savings Bank v. BornmanIllinois Supreme Court · 1888
- Brown v. SchintzIllinois Supreme Court · 1903