Ahrend v. Odiorne
Massachusetts Supreme Judicial Court
Contract against George F. Odiorne, Retire C. Sturges, George Odiorne, K. W. Baker, William Maxson and Alexander Irving, upon a bond in the sum of $40,000, executed to the plaintiff, in which Sturges and George F. Odiorne, doing business under the name of R. C. Sturges & Co., were named as principals, and Maxson and Irving as sureties, and conditioned that the principals should build a certain vessel and perform a certain contract.
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Contract against George F. Odiorne, Retire C. Sturges, George Odiorne, K. W. Baker, William Maxson and Alexander Irving, upon a bond in the sum of $40,000, executed to the plaintiff, in which Sturges and George F. Odiorne, doing business under the name of R. C. Sturges & Co., were named as principals, and Maxson and Irving as sureties, and conditioned that the principals should build a certain vessel and perform a certain contract. The bond was signed by “ R. C. Sturges & Co.,” Maxson & Irving, George Odiorne and K. W. Baker. George Odiorne alone defended. The other defendants were defaulted.…
1Opinion of the CourtAmes, J.
The objection that Sturges had no authority to sign the bond in the name of the firm, and thereby to bind his partner, cannot avail the defendant George Odiorne. Both of the partners are defendants in this suit, and their default is an admission that the instrument declared upon was duly executed by them. It must be taken, therefore, as a fact in the case, that the signature by Sturges was affixed to the bond, either with the previous authority or subsequent ratification of his copartner, a circumstance which distinguishes the case from Russell v. Annable, 109 Mass. 72.
The bond was signed and…
2Cases cited2 opinions
- Smith v. CrookerMassachusetts Supreme Judicial Court · 1809
- Russell v. AnnableMassachusetts Supreme Judicial Court · 1871
3Cited by7 opinions
- New England Dredging Co. v. Rockport Granite Co.Massachusetts Supreme Judicial Court · 1889
- Blackmer v. DavisMassachusetts Supreme Judicial Court · 1880
- Esselstyn v. McDonaldAppellate Division of the Supreme Court of the State of New York · 1904
- Henry O. Shepard Co. v. FreemanMontana Supreme Court · 1909
- Building Ass'n v. CummingsOhio Supreme Court · 1888
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