Baxter, Reed & Co. v. C. W. Rollins & Co.
Supreme Court of Iowa
Appeal from Ida District Court. — Hon. Georg-e W* Paine, Judge. PlaiNtifes bring this action to recover the balance due upon a promissory note. They allege that the defendants were a copartnership in the business of buying, preserving and shipping eggs at Ida Grove, said business being under the management and control of the defendant Rollins.
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Appeal from Ida District Court. — Hon. Georg-e W* Paine, Judge. PlaiNtifes bring this action to recover the balance due upon a promissory note. They allege that the defendants were a copartnership in the business of buying, preserving and shipping eggs at Ida Grove, said business being under the management and control of the defendant Rollins. That at the request of said Rollins, as a member of said partnership, plaintiffs, a partnership doing a general banking business at Ida Grove, loaned to said defendant partnership, to bo-used in said business, three thousand dollars, for which said…
1Opinion of the CourtGtven, J.
I. Appellants’ first contention is that they are not liable on the note in suit, because it is not executed in the name of the partnership of which they *221were members. It will be observed tbat the contract provides that the business was to be carried on in the-name of C. W. Rollins, and that the note is signed “C. W. Rollins & Co.” In Barcroft v. Haworth, 29 Iowa, 465, it is said: <lTo bind the firm, it was not necessary that the contract should be signed by all the-partners, nor, if there was a firm name, that it should be used. If, by the method adopted, it was the intention to bind the…
2Cases cited2 opinions
- Seekell v. FletcherSupreme Court of Iowa · 1880
- Barcroft, George & Co. v. HaworthSupreme Court of Iowa · 1870
3Cited by5 opinions
- Dayle L. Smith Oil Co. v. Continental Supply Co.Court of Appeals of Texas · 1924
- Miller v. McCordCourt of Appeals of Texas · 1913
- Barwick v. AldermanSupreme Court of Florida · 1903
- First National Bank & Trust Co. of Williston v. ScherrNorth Dakota Supreme Court · 1991
- Baxter, Reed & Co. v. C. W. Rollins & Co.Supreme Court of Iowa · 1896