Claflin v. Butterly
The Superior Court of New York City
Motion for judgment on a verdict in favor of plaintiffs. This action was brought by Horace B. Claflin and others, against Butterly and Devin. On the trial a verdict was taken in favor of plaintiffs, subject to the opinion of the court at general term.
1Opinion of the CourtBosworth, J.
This action is brought against the defendants as partners. The pleadings and proofs show that Devin, without the knowledge or assent of Butterly, signed the firm’s name fo an instrument, guaranteeing to the plaintiffs punctual payment by Eitzgerald, for all goods they might sell him after March, 1853, the liability under the guaranty not to exceed $300, at any time. Butterly is conceded to be not liable. The only question is this: the plaintiffs having sued the defendants, as partners, on a contract purporting to be signed by the firm, and bearing the genuine signature of the firm, can they…
2Cases cited2 opinions
- Parker v. JacksonNew York Supreme Court · 1852
- Harrington v. HighamNew York Supreme Court · 1853
3Cited by11 opinions
- People v. FrisbieCalifornia Supreme Court · 1861
- North Star Boot & Shoe Co. v. StebbinsSouth Dakota Supreme Court · 1893
- Brandt v. HallIndiana Court of Appeals · 1907
- Hamm v. BascheOregon Supreme Court · 1892
- Knatz v. WiseMontana Supreme Court · 1895
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