Stevens v. McLachlan
Michigan Supreme Court
Error to Wayne; Lillibridge, J. Assumpsit by Nathan H. Stevens^ against Duncan A. McLachlan, James Gourlay, and others, upon negotiable paper. From a judgment for plaintiff on verdict directed by the court, defendants McLachlan and Gourlay bring error. The declaration in this case is upon the common counts in assumpsit, with notice that the suit is based upon certain promissory notes and drafts, copies of which are attached to the declaration.
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Error to Wayne; Lillibridge, J. Assumpsit by Nathan H. Stevens^ against Duncan A. McLachlan, James Gourlay, and others, upon negotiable paper. From a judgment for plaintiff on verdict directed by the court, defendants McLachlan and Gourlay bring error. The declaration in this case is upon the common counts in assumpsit, with notice that the suit is based upon certain promissory notes and drafts, copies of which are attached to the declaration. The first was a draft of $1,641.07, dated Detroit, October 5, 1896, payable four months after date, signed,'“A. R. Linn, Broker,” payable to the order…
1Opinion of the CourtGrant, C. J.
(after stating the facts). The rules of law applicable to the commercial paper here in controversy are well established. As briefly as I am able to state them, they are as follows:
*2891. D. A. McLachlan & Co. being a trading or commercial partnership, each member of the firm, and especially ■ the one intrusted with the transaction of its business, was authorized to bind his partner in all transactions pertaining to the business of the firm. Among these was the right to borrow money for the firm, and to issue notes therefor, or to draw drafts for the same purpose. The lender was entitled to assume…
2Cases cited27 opinions
- Vosburgh v. . DiefendorfNew York Court of Appeals · 1890
- Winship v. the Bank of the United StatesSupreme Court of the United States · 1831
- Miller v. FinleyMichigan Supreme Court · 1872
- Atlas National Bank v. SaveryMassachusetts Supreme Judicial Court · 1879
- Kimbro v. BullittSupreme Court of the United States · 1860
22 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- McIntosh v. Detroit Savings BankMichigan Supreme Court · 1929
- Thompson v. Village of MecostaMichigan Supreme Court · 1901
- Hudson v. MoonUtah Supreme Court · 1913
- Detroit National Bank v. Union Trust Co.Michigan Supreme Court · 1906
- First National Bank v. WebsterSupreme Court of Minnesota · 1915
4 more not listed; retrieve them via the Exa API.