Bond v. Aitkin
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Delaware county. This was an action of debt brought by Charles Bond against John Aitkin and James Aitkin, trading under the firm of John and James Aitkin, on the following note: Six months after date we promise to pay to Charles Bond or order four hundred dollars, with five- per cent, interest, without defalcation, for value received. Witness our hands and seals, this 1st day of October 1836. Jno. & Jas.
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ERROR to the Common Pleas of Delaware county. This was an action of debt brought by Charles Bond against John Aitkin and James Aitkin, trading under the firm of John and James Aitkin, on the following note: Six months after date we promise to pay to Charles Bond or order four hundred dollars, with five- per cent, interest, without defalcation, for value received. Witness our hands and seals, this 1st day of October 1836. Jno. & Jas. Aitkin, [l. s.] The plaintiffs declared in one count against the defendants as partners in a sealed instrument alleged to have been executed by them, and in…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
The question arising in this case has undergone *168a thorough discussion in the two late cases of Gram v. Seton, (1 Hall 262), and Cady v. Shepherd, (11 Pick. 400), where ail the authorities are examined, and the principle is settled that a partner may bind his copartner by a contract under seal, in the name and for the use of the firm, in the course of the partnership business, provided the copartner assents to the contract previously to its execution, or afterwards ratifies and adopts it; and this assent or adoption may be by parol. And we…
2Cases cited2 opinions
- Gram v. SetonThe Superior Court of New York City · 1828
- Wallace v. FairmanSupreme Court of Pennsylvania · 1835
3Cited by11 opinions
- Bussman v. GansterSupreme Court of Pennsylvania · 1872
- Schmertz v. ShreeveSupreme Court of Pennsylvania · 1870
- Kramer v. DinsmoreSupreme Court of Pennsylvania · 1893
- Funk v. YoungSupreme Court of Pennsylvania · 1913
- Estate of the Van Haagen Soap Co.Supreme Court of Pennsylvania · 1891
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