National Exchange Bank v. Wilgus' Ex'ors
Court of Appeals of Kentucky
Case 52 — PETITION EQUITY APPEAR FROM FAYETTE CIRCUIT COURT. While a note signed by another than the firm name does not jrrima Jade bind the firm, yet where the partners authorize or direct a note to be signed by some other than the regular firm name, given for money or property received for and used by the firm, that note binds the firm and every member of it.
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Case 52 — PETITION EQUITY APPEAR FROM FAYETTE CIRCUIT COURT. While a note signed by another than the firm name does not jrrima Jade bind the firm, yet where the partners authorize or direct a note to be signed by some other than the regular firm name, given for money or property received for and used by the firm, that note binds the firm and every member of it. (Macklin v. Crutcher, 6 Bush, 403; Carter v. Mitchell, 94 Ky.) 1. This case comes directly within the rule established in Hikes v. Crawford, &c., 4 Bush, 19, andSmithv. Turner’s Adm’r, 9 Bush, 417, and in the recent case of Carter v.…
1Opinion of the Court
■CHIEF JUSTICE BENNETT
delivered the opinion oe the court.
J. B. Wilgus and W. E. and E. K. Cropper composed a firm of patrners engaged in the tobacco business in the city of Lexington, Ky., under the firm name of Cropper & ■Co. During the existence of the firm, W. E. and E. K. Cropper signed their names to six promissory notes to the appellant for moil ey loaned for the use of the firm, and which was used by the firm in its business. J. B. Wilgus having ■died, and the firm having become insolvent, and the notes not having been paid, the appellant presented the notes to the estate of J. B.…
2Cases cited3 opinions
- Hikes v. Crawford & LongCourt of Appeals of Kentucky · 1868
- Carter v. MitchellCourt of Appeals of Kentucky · 1893
- Macklin's Ex'r v. CrutcherCourt of Appeals of Kentucky · 1869
3Cited by4 opinions
- Martin v. DialTexas Commission of Appeals · 1933
- Harkness v. McQueenCourt of Appeals of Texas · 1950
- Winans-Carter Corporation v. Jay & BenischNew Jersey Superior Court Appellate Division · 1969
- Rider v. LynchSupreme Court of New Jersey · 1964