Pease v. Morgan
New York Supreme Court
THIS cause came before the court on a writ of error from the court of common pleas of Onekia county. Morgan declared, in the court below, against John B. Pease and George Pease, for that whereas the said Johi; B. and George, on the 20th of May, 1799, at, &c. made. their note in writing, commonly called a promissory note, their own prope~ hands an-i names being therei.mto subscribed, by the name and description of John and George.
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THIS cause came before the court on a writ of error from the court of common pleas of Onekia county. Morgan declared, in the court below, against John B. Pease and George Pease, for that whereas the said Johi; B. and George, on the 20th of May, 1799, at, &c. made. their note in writing, commonly called a promissory note, their own prope~ hands an-i names being therei.mto subscribed, by the name and description of John and George. Pease, bearing date, &c. and then and there delivered the said note to Samuel Milliman and Zerah SmiTh, and thereby, for value received, promised the said Samuel uid…
1Per curiam
There was no averment in. the declaration that the defendants were partners, or acted under the firm of John 8? George Pease, but the declaration is, that the defendants made the note, “ their own proper hands and names being thereunto subscribed,” and the proof was, that only the defendant George signed the note. This was not sufficient to prove the contract as laid. There is no case or precedent to warrant such proof applied to such a declaration.
In The Manhattan Company v. Ledyard & Ledyard, (1 Caines’ Rep. 192.) there were the proper averments| and that case only decides that it was…
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