Gammon v. Huse

The position of appellant’s counsel, that a promissory note made by a partnership firm, payable to one of its co-partners, is without validity, and creates no right or lia bility while in the hands of the payee, is unsound. Such a note, if founded on a sufficient consideration, creates a valid obligation, not less than if it were payable to a third person, the only difference being in the nature of the remedy, in default of payment. The payee cannot sue upon such a note in an action at law, as to do so he would have to sue himself, but he has a complete remedy in a court of chancery. This…