Camas Prairie State Bank v. Newman
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, in aud for Blaine County. Hon. Edward A. Walters, Judge. An action by the payee against' the drawer to recover money upon a bank check. Judgment for plaintiff. One partner is agent for the others for partnership purposes alone. If one partner does an act for a purpose apparently not within the partnership purpose, the firm is not bound unless he had actual authority. (22 Am. & Eng.
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APPEAL from the District Court of the Fourth Judicial District, in aud for Blaine County. Hon. Edward A. Walters, Judge. An action by the payee against' the drawer to recover money upon a bank check. Judgment for plaintiff. One partner is agent for the others for partnership purposes alone. If one partner does an act for a purpose apparently not within the partnership purpose, the firm is not bound unless he had actual authority. (22 Am. & Eng. Ency. 2d. ed., 144-146; Cannon v. Lindsey, 85 Ala. 198, 7 Am. St. Rep. 38, 3 South. 676; Cavanaugh v. Salisbury, 22 Utah, 465, 63 Pac. 39.) And where…
1Opinion of the CourtStewart, J.
The facts in this case are out of the ordinary of business transactions. On July 1, 1907, IT. E. Newman, Jr., a member of the firm of H. E. Newman & Sons, drew a cheek on the First National Bank of Shoshone, Idaho, payable to the order of the Camas Prairie State Bank, for the sum of $500, and the Camas Prairie State Bank cashed said cheek and paid to H. E. Newman, Jr., the amount stated therein, $500. The Camas Prairie State Bank presented such check to the First National Bank of Shoshone, which declined to pay the same. This action is based upon such check, in which the plaintiff, the payee…
2Cited by9 opinions
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- Eaves v. SheppardIdaho Supreme Court · 1909
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