McGregor, Darling & Curtis v. Cleveland
New York Supreme Court
This was an action of assumpsit, tried at the Washington circuit in June, 1829, before the Hon. Esek Cowen, one of the circuit judges. The action was on a promissory note for $280, dated 23d October, 1827, payable to “ McGregor, Darling & Co.” and signed “Oliver Cleveland, Frederick Cleveland and Rufus Cleveland.” The signature of Oliver Cleveland was proved, and that the names Frederick Cleveland and Rufus Cleveland were in the proper hand writing of Rufus Cleveland.
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This was an action of assumpsit, tried at the Washington circuit in June, 1829, before the Hon. Esek Cowen, one of the circuit judges. The action was on a promissory note for $280, dated 23d October, 1827, payable to “ McGregor, Darling & Co.” and signed “Oliver Cleveland, Frederick Cleveland and Rufus Cleveland.” The signature of Oliver Cleveland was proved, and that the names Frederick Cleveland and Rufus Cleveland were in the proper hand writing of Rufus Cleveland. In two other instances, Rufus Cleveland had given notes, signing the same “ F. & R. Cleveland,” which were ratified by…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The questions raised by the bill of exceptions are, 1. Whether there was sufficient proof of the execution of the note by Frederick Cleveland; and 2. Whether evidence was sufficient to prove that the plaintiffs composed the firm of McGregor, Darling & Co.
The doctrine how far one partner can charge his co-partner as surety, does not arise in this case. There is no evidence to shew that either of the makers of the note was surety. So far as respects F. & R. Cleveland, the note will be presumed, in the absence of all proof to the contrary, to have been given for a…
2Cited by14 opinions
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- Lyman v. LymanU.S. Circuit Court for the District of Vermont · 1829
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