Silvers v. Foster
Supreme Court of Kansas
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.
Read the full summary
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
- Gerson v. HansonSupreme Court of Kansas · 1886
- Kirkpatrick v. GraySupreme Court of Kansas · 1890
- Russell v. State ex rel. NicholsonSupreme Court of Kansas · 1873
- Hamm v. BascheOregon Supreme Court · 1892
- Bonneau v. Strauss Bros.Supreme Court of Oklahoma · 1919