Legal Opinion

Silvers v. Foster

Supreme Court of Kansas

Decided January 15, 1872PublishedCited by 5 opinions

Error from Anderson District Court. Action brought by Foster & Foster, as plaintiffs, against J. M. Silvers, A. B. Harper, Frank R. Shryock, A. F. Royer, and Ellridge L. Hawk.

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Error from Anderson District Court. Action brought by Foster & Foster, as plaintiffs, against J. M. Silvers, A. B. Harper, Frank R. Shryock, A. F. Royer, and Ellridge L. Hawk. The plaintiffs counted upon a promissory note of which the following is a copy: “$375. Garnett, Kas., June 6th, 1870. “Sixty days after date we promise to pay to the order of John R. Foster & Co. three hundred and seventy-five dollars, for value received, payable at the banking house of John R. Foster & Co., with interest from maturity at the rate of twelve per cent, per annum. “'Silvers & Harper. “F. R. Shryock & Co.”…

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

Without giving any detailed statement of the facts of this case we shall proceed at once to decide the-questions of law involved therein. And first: A member of a partnership who personally, or by a clerk, and with or-without authority from the firm, signs the firm name to a promissory note as surety thereon is individually responsible - upon the note in the same manner and to the same-extent as* if he had signed his own individual name thereto. Second Where the holder of a promissory note signed with the firm-names of two different…

2Cited by5 opinions

  1. Gerson v. HansonSupreme Court of Kansas · 1886
  2. Kirkpatrick v. GraySupreme Court of Kansas · 1890
  3. Russell v. State ex rel. NicholsonSupreme Court of Kansas · 1873
  4. Hamm v. BascheOregon Supreme Court · 1892
  5. Bonneau v. Strauss Bros.Supreme Court of Oklahoma · 1919

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