Dowling v. Exchange Bank of Boston
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF MICHIGAN. The court stated the case as follows: Edward P. Ferry, of Grand Haven, Michigan, and George ‘E. Dowling and Frank H. White,.of Montague, in the same State, entered, February 1, 1873, into written articles of co-partnership, “ for the purpose of carrying on the business of sawing lumber, pickets and laths at the said village of Montague, in the steam saw mill lately there erected,” the name…
Read the full summary
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF MICHIGAN. The court stated the case as follows: Edward P. Ferry, of Grand Haven, Michigan, and George ‘E. Dowling and Frank H. White,.of Montague, in the same State, entered, February 1, 1873, into written articles of co-partnership, “ for the purpose of carrying on the business of sawing lumber, pickets and laths at the said village of Montague, in the steam saw mill lately there erected,” the name of the.firm being F. H. White & Có., and the partnership to continue for the full term of five years, unless sooner…
1Opinion of the CourtJustice Haelan
■It is not disputed that the execution by Edward P. Ferry, in the name of F. H. White & Co., of the notes in suit, was without express authority of his partners, and that neither of the notes was given or used in the business of that firm. The primary question, therefore, is, whether, for the protection of the plaintiff a bona fide purchaser for value, it will' be conclusively implied, as matter of law, from the nature or course of the firm’s business, that Edward P. Ferry had authority from his partners to make those notes or either of them.
Mr. Justice Clifford, speaking for the court in…
2Cases cited3 opinions
- Irwin v. WilliarSupreme Court of the United States · 1884
- Winship v. the Bank of the United StatesSupreme Court of the United States · 1831
- Kimbro v. BullittSupreme Court of the United States · 1860
3Cited by17 opinions
- Hefferlin v. KarlmanMontana Supreme Court · 1903
- Schumacher v. the Sumner Tele. Co.Supreme Court of Iowa · 1913
- Stevens v. McLachlanMichigan Supreme Court · 1899
- Merrill v. O'BryanWashington Supreme Court · 1908
- Matanuska Valley Bank, a Corporation v. Irene Arnold and Willard Davis, Individually, and as Copartners, Doing Business as Davis Construction CompanyCourt of Appeals for the Ninth Circuit · 1955
12 more not listed; retrieve them via the Exa API.