Broadway National Bank v. Wood
Massachusetts Supreme Judicial Court
Bill in equity, filed January 30, 1895, against James A. Wood, William H. Leatherbee, Charles W. Leatherbee, and Harry F. Faden, and alleging that the plaintiff was the holder for value of a promissory note for $2,160, dated February 24, 1893, signed by Harry F. Faden and Company, payable in four months after its date to the order of the Little Kanawha Lumber Company, and indorsed by that company; that the note had not been paid in whole or in any part, and the amount…
Read the full summary
Bill in equity, filed January 30, 1895, against James A. Wood, William H. Leatherbee, Charles W. Leatherbee, and Harry F. Faden, and alleging that the plaintiff was the holder for value of a promissory note for $2,160, dated February 24, 1893, signed by Harry F. Faden and Company, payable in four months after its date to the order of the Little Kanawha Lumber Company, and indorsed by that company; that the note had not been paid in whole or in any part, and the amount thereof and interest thereon were due and owing to the plaintiff; that the note was made for a good consideration, and the…
1Opinion of the CourtAllen, J.
On the averments of the bill, it must be assumed that Faden was an ostensible but not an actual partner, and that the property which the plaintiff seeks to reach and apply to the payment of its debt was in fact owned by the two Leatherbees. Assuming that Faden was and is personally liable to the plaintiff as ostensible partner, on the ground of estoppel, it is contended that this has the effect to entitle the plaintiff as a creditor of the ostensible firm to have the property which was in the possession and use of that firm applied to the satisfaction of the creditors of that ostensible firm…
2Cases cited16 opinions
- Case v. BeauregardSupreme Court of the United States · 1879
- Fitzpatrick v. FlannaganSupreme Court of the United States · 1882
- Huiskamp v. Moline Wagon Co.Supreme Court of the United States · 1887
- Saunders v. . ReillyNew York Court of Appeals · 1887
- Rice v. BarnardSupreme Court of Vermont · 1848
11 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Johnson v. WilliamsSupreme Court of Virginia · 1910