Lanier v. McCabe
Supreme Court of Florida
Appeal from Gadsden Circuit Court. Daniel McCabe, in 1844, filed his bill in Equity in the late Gadsden Superior Court, against James Lanier, Thomas Hodgson, and Benjamin C. West, alleging that James Lanier, in 1841, became indebted to complainant, and being unable to otherwise extinguish his debt to complainant, transferred in payment a note dated 31st March, 1841, payable on 1st January, 1842, to defendant Lanier for the sum of $258, with interest from date, and signed by…
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Appeal from Gadsden Circuit Court. Daniel McCabe, in 1844, filed his bill in Equity in the late Gadsden Superior Court, against James Lanier, Thomas Hodgson, and Benjamin C. West, alleging that James Lanier, in 1841, became indebted to complainant, and being unable to otherwise extinguish his debt to complainant, transferred in payment a note dated 31st March, 1841, payable on 1st January, 1842, to defendant Lanier for the sum of $258, with interest from date, and signed by C. Harris, who describes himself as treasurer of the Quincy Steam Saw Mill Company. That at-the dato of said note…
1Opinion of the Court
Baltzell, Justice,
delivered the following:
This is a suit in Chancery to recover upon a note purporting to be executed by Cervantes Harris as Treasurer of the Quincy Steam Saw Mill Company. The authority of Harris being denied an effort is made to sustain it by the position that he was also a mem-berofthe Company andas such hada right to execute notes in the name of the firm — and secondly, that West the party charged as another member of the firm acquiesced in the notes executed, and neither repudiated nor rejected them. Conceding that Harris signed the note as a member of the firm the…
2Cases cited2 opinions
- Livingston v. RooseveltNew York Supreme Court · 1809
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3Cited by9 opinions
- Horn v. Newton City BankSupreme Court of Kansas · 1884
- Blake v. Third National Bank of St. LouisSupreme Court of Missouri · 1909
- Lee v. First National Bank of Fort ScottSupreme Court of Kansas · 1890
- Friend v. DuryeeSupreme Court of Florida · 1879
- Lutz v. MillerWest Virginia Supreme Court · 1926
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