Roberts v. Curry Grocery Co.

1. The business was conducted in the name of “Oscar Roberta &' Co.,” not only without objection from Oscar Roberts, but with his full knowledge and consent; credit was asked for and obtained from the plaintiff in the name of the firm, on the faith of the membership of Oscar Roberts in the firm, and the evidence authorized the inference that he connived at the use of his name for this purpose. “An ostensible partner is one whose name appears to the world as such, and he is bound, though he have no interest in the firm.” Civil Code, § 3157.

2. “Prima facie, the execution of a negotiable note in…