Taylor v. Rasch
District Court, E.D. Michigan
[This was a bill in equity by Elisha Taylor, assignee, against August Rasch and William Bernart.] On demurrer to the bill of complaint.
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[This was a bill in equity by Elisha Taylor, assignee, against August Rasch and William Bernart.] On demurrer to the bill of complaint. The bill sets up that Tillman and Silsbee, as the partners composing the firm of Tillman, Silsbee & Co., were adjudged bankrupts in the district court of the United .States for the eastern district of Michigan, June thirtieth, eighteen hundred and seventy, and the complainant was appointed assignee July fifteenth, eighteen hundred and seventy; that the said firm, while it existed, was engaged in business at Detroit, in said district, in the manufacture and…
1Opinion of the Court
LONGYEAR, District Judge.
The first ground of demurrer is based upon the well settled rule of law that if any one holds another out to the world as having authority to do certain things in his behalf, and such other person obtains credit in consequence thereof, he will not be permitted to deny that such person had the requisite authority; and it is predicated on the allegation in the bill of credit of fifty dollars given to the defendants by the bankrupts in consequence of a payment made by them in clothing to an employee of the firm and duly accounted for by him. It is argued, the firm having…
2Cases cited7 opinions
- Sands v. CodwiseCourt for the Trial of Impeachments and Correction of Errors · 1808
- Estabrook v. MessersmithWisconsin Supreme Court · 1864
- Crooker v. CrookerSupreme Judicial Court of Maine · 1858
- Strong v. Preserved FishSupreme Court of Vermont · 1841
- Hawk Eye Woolen Mills v. ConklinSupreme Court of Iowa · 1868
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Eady v. Newton Coal & Lumber Co.Supreme Court of Georgia · 1905