Easter v. Farmers' National Bank
Illinois Supreme Court
Appeal from the Superior Court of Chicago; the Hon. Joseph E. Gary, Judge, presiding. This was an action of assumpsit, brought by The Farmers’ National Bank of Salem (Ohio), against John D. Easter, Elijah H. Gammon and A.. T. Bates, former partners, on a promissory note, signed in the firm name of Easter, Gammon & Bates.
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Appeal from the Superior Court of Chicago; the Hon. Joseph E. Gary, Judge, presiding. This was an action of assumpsit, brought by The Farmers’ National Bank of Salem (Ohio), against John D. Easter, Elijah H. Gammon and A.. T. Bates, former partners, on a promissory note, signed in the firm name of Easter, Gammon & Bates. A trial in the court below resulted in a judgment against two of the defendants, Easter and Bates, for the amount of the note, with interest, from which judgment Easter appeals. The opinion of the court contains a sufficient statement of the facts.
1Opinion of the CourtJustice Scott
The note sued upon was executed by Bates, one of the partners, in the name of the firm of Easter, Gammon & Bates, and it is not denied that prior to its execution the partnership was dissolved. In fact,, the firm was dissolved before the execution of the note for which the note now in controversy was given in renewal.
It is not doubted that after a dissolution of a co-partnership, one partner can not use the firm name for the purpose of creating an indebtedness, without the express authority of the other partners so to do. It is entirely competent for the partner whose name has been used…
2Cases cited2 opinions
- Graves v. MerryNew York Supreme Court · 1827
- Ellis' Administrators v. BronsonIllinois Supreme Court · 1866
3Cited by3 opinions
- In the Matter of Pubs, Inc. Of Champaign, Bankrupt. Appeal of Bank of Illinois in Champaign, ReclamationCourt of Appeals for the Seventh Circuit · 1980
- First National Bank v. WineAppellate Court of Illinois · 1930
- Oneida State Bank v. PetersonAppellate Court of Illinois · 1922