Boyd v. Plumb
New York Supreme Court
This was an action of assumpsit, tried at the New-York circuit in June, 1829, before the Hon. Ogden Edwards, one of the circuit judges. The suit was brought to recover monies paid by the plaintiffs as the acceptors of a bill of exchange for $1250, drawn on them by the defendants. The plaintiffs proved the payment of the money, and that at the time they had no funds belonging to the defendants, or either of them.
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This was an action of assumpsit, tried at the New-York circuit in June, 1829, before the Hon. Ogden Edwards, one of the circuit judges. The suit was brought to recover monies paid by the plaintiffs as the acceptors of a bill of exchange for $1250, drawn on them by the defendants. The plaintiffs proved the payment of the money, and that at the time they had no funds belonging to the defendants, or either of them. The bill was signed by Plumb individually, and by Palmer, one of the defendants» in the name ofhisjSrm, viz. Williams & Palmer, the word surety being added to his signature. Plumb was…
1Opinion of the Court
By the Court,
Nelson, J.
It has been repeatedly decided in this court, that where a note is given in the name of a firm by one of the partners, for the private debt of such partners, and known to be so by the person taking the note, the other partner is not bound, unless he has been previously consulted, and consented to the transaction. Dob v. Hasley et al., 16 Johns. R. 38. In Foot v. Sabin, 19 Johns. R. 154, the rule was applied to a case where one partner had signed the partnership name to a nóte as security for a third person ; and in Laverty v. Burr & Baldwin, 1 Wendell, 529, it was…
2Cases cited1 opinion
- Laverty v. BurrNew York Supreme Court · 1828
3Cited by6 opinions
- Stall v. Catskill BankNew York Supreme Court · 1837
- Hendrie v. BerkowitzCalifornia Supreme Court · 1869
- Fielden v. LahensThe Superior Court of New York City · 1862
- Van Voorhis v. BrownAppellate Division of the Supreme Court of the State of New York · 1898
- Van Voorhis v. BrownAppellate Division of the Supreme Court of the State of New York · 1898
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