Citizens' Bank v. Millet
Court of Appeals of Kentucky
Case 1 — PETITION ORDINARY APPEAL PROM HENDERSON CIRCUIT COURT. 1. Millet having drawn the hill of exchange on the Hominy Mill Company in his own name, and not merely as their agent, it must be assumed that he intended to bind himself personally thereon, although it appears that he was in fact acting as their agent.
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Case 1 — PETITION ORDINARY APPEAL PROM HENDERSON CIRCUIT COURT. 1. Millet having drawn the hill of exchange on the Hominy Mill Company in his own name, and not merely as their agent, it must be assumed that he intended to bind himself personally thereon, although it appears that he was in fact acting as their agent. Story on Agency, 9th. ed., 154, 155, 156, 157, 159 and 269; 2'Dan-iel’s Negotiable Instruments, sec. 1095 and vol. 1, secs. 303 and 305; Pentz v. Stanton, 10 Wend., 271; 1 Ale. 14th ed., p. 635; Ledbetter v. Farrow, 2 S. L. C. (6th ed., 421); Thomas v. Bishop, 2 Stra., 955; Nash…
1Opinion of the Court
JUDGE GUFFY
dtsuvebed the opinion of tub court1.
On tlie 18th of December, 1894, the appellant filed in the clerk’s office of the Henderson Circuit Court its petition against W. W. Shelby and Wm. Soaper, a firm doing business under the firm name of the Henderson Hominy Mills, and against the appellant J. B. Millet. The petition reads as follows:
“The plaintiff, the Citizens’ Bank, a corporation organized under the laws of the State of Tennessee, and doing business in the town of Dyersburg, Tennessee, says, that for several months past the defendant, W. W. Shelby and Wm. Soaper, were partners,…
2Cases cited4 opinions
- Thacher v. DinsmoreMassachusetts Supreme Judicial Court · 1809
- Pentz v. StantonNew York Supreme Court · 1833
- Forster v. FullerMassachusetts Supreme Judicial Court · 1809
- Van Reimsdyk v. KaneU.S. Circuit Court for the District of Rhode Island · 1813
3Cited by8 opinions
- Simons v. Douglas' Extr.Court of Appeals of Kentucky · 1920
- Tross v. Bills'Court of Appeals of Kentucky · 1920
- Barret v. ClarkeCourt of Appeals of Kentucky (pre-1976) · 1928
- Farmers Bank v. WickiffeCourt of Appeals of Kentucky · 1909
- Lincoln v. BurbankCourt of Appeals of Kentucky (pre-1976) · 1927
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