Ex parte First National Bank
Supreme Judicial Court of Maine
On exceptions. On October 28 and November 6, 1878, the partnership of Joseph Titcomb and Wm. L. Thompson, as well as they individually, were duly adjudged insolvent by the court of insolvency, in and for the county of Y ork, on due proceedings had.
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On exceptions. On October 28 and November 6, 1878, the partnership of Joseph Titcomb and Wm. L. Thompson, as well as they individually, were duly adjudged insolvent by the court of insolvency, in and for the county of Y ork, on due proceedings had. On December 28, 1878, the First National Bank, appellants in this proceeding, filed in said court proof of a debt against the partnership amounting to $5,827.93, comprising $5,476.16 (making the proper rebate of interest) “for money loaned on the two promissory notes and'in form signed by said Thompson as maker, payable to said Titcomb • and…
1Opinion of the Court
Peters, <1.
The insolvent debtors, Thompson and Titcomb, were partners, .having no regular partnership name. All the promissory notes given by them in their partnership business were signed either by one partner as maker and by the other as payee and indorser, or by both partners as joint makers in their individual names. The note in the present case was given in the first named form, probably to give the appearance of there being two parties to the note instead of one. The officers of the bank who discounted the note were ignorant of the fact that a partnership existed between the parties.…
2Cases cited2 opinions
- Ex parte FosterU.S. Circuit Court for the District of Massachusetts · 1842
- Palmer v. ElliotU.S. Circuit Court for the District of New Hampshire · 1858
3Cited by6 opinions
- Pickens v. Coal River Boom & Timber Co.West Virginia Supreme Court · 1902
- In re L. B. Weisenberger & Co.District Court, E.D. Kentucky · 1904
- Colwell v. Weybosset National BankSupreme Court of Rhode Island · 1889
- Colwell v. Weybosset National BankSupreme Court of Rhode Island · 1889
- In Re RebenSupreme Judicial Court of Maine · 1975
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