Kantrowitz v. Levin
New York Court of Common Pleas
Appeal from city court, general term. Action by Jacob Kantrowitz against Isaac Levin and Hyman Levin, copartners under the firm name of H. & I. Levin, on two promissory notes for $600 each, made and issued by defendant Hyman Levin in the firm name.
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Appeal from city court, general term. Action by Jacob Kantrowitz against Isaac Levin and Hyman Levin, copartners under the firm name of H. & I. Levin, on two promissory notes for $600 each, made and issued by defendant Hyman Levin in the firm name. The defense was that the notes were severally issued, without consideration, to the firm, and that they were taken and accepted by plaintiff for the personal indebtedness of said Hyman Levin, and not in the course of or for the purpose of the partnership business, which was that of manufacturing and selling clothing.' From a judgment of the city…
1Opinion of the CourtBischoff, J.
That the notes were genuine was not disputed upon the trial, and it is well settled that every member of a firm engaged in commerce or trade has implied or apparent authority to borrow money in the firm’s name, and to issue its promissory note, or other obligation, for the payment thereof (17 Am. & Eng. Enc. Law, pp. 993, 1015, 1017, 1018; Bank v. De Puy, 17 Wend. 47); that the lender may rely upon such implied or apparent authority in the absence of knowledge on his part that the borrowing partner’s authority is restricted, or that the money is not borrowed for partnership purposes, or for…
2Cases cited12 opinions
- Canajoharie National Bank v. DiefendorfNew York Court of Appeals · 1890
- Koehler v. . AdlerNew York Court of Appeals · 1879
- Gregory v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1889
- Kirtz v. . PeckNew York Court of Appeals · 1889
- Livingston v. RooseveltNew York Supreme Court · 1809
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3Cited by1 opinion
- G. H. Haulenbeck Advertising Agency v. NovemberCity of New York Municipal Court · 1899