Tucker v. Peaslee
Supreme Court of New Hampshire
Assumpsit, upon a promissory note, signed by the defendant, dated the 17th of November, 1845, for $150, payable to one J. P. Blye, or order, on demand, and by him indorsed to the plaintiff. Plea, the general issue.
Read the full summary
Assumpsit, upon a promissory note, signed by the defendant, dated the 17th of November, 1845, for $150, payable to one J. P. Blye, or order, on demand, and by him indorsed to the plaintiff. Plea, the general issue. The defence set up against the note was that the parties, being copartners in trade, the defendant procured a loan of Blye of $150, for the use of the partnership, giving his sole note therefor ; that he applied the money to the partnership business, and that it was understood between the parties that the note was to be recognized and treated as a partnership note. No direct…
1Opinion of the CourtFowleR, J.
It seems conclusively settled by the weight of authority, that if, in the present case, the one hundred and fifty dollars, borrowed by the defendant of Blye, were in fact obtained for the firm and appropriated by them to their own use, the indebtedness therefor was a firm debt, although the defendant’s note alone was taken for it, and although Blye supposed he was loaning the money to the defendant, and actually gave the credit to him. The authorities are uniform in maintaining the doctrine that where the principal is unknown to the vendor at the time of a sale, he may, upon discovering the…
2Cases cited3 opinions
- Everitt v. ChapmanSupreme Court of Connecticut · 1827
- Batre v. SimpsonSupreme Court of Alabama · 1842
- Watts v. HartWashington Supreme Court · 1893
3Cited by2 opinions
- Colwell v. Weybosset National BankSupreme Court of Rhode Island · 1889
- Colwell v. Weybosset National BankSupreme Court of Rhode Island · 1889