Nix v. First National Bank
Supreme Court of Colorado
Appeal from the District Court of Ouray County. This is an action brought by The First National Bank of Pueblo against W. S. Home and C. H. Nix, copartners as W. S. Home & Company, and is based upon two several promissory notes, aggregating the sum of $3,750, payable to E. J. Bent, as cashier, signed W. S. Home & Company.
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Appeal from the District Court of Ouray County. This is an action brought by The First National Bank of Pueblo against W. S. Home and C. H. Nix, copartners as W. S. Home & Company, and is based upon two several promissory notes, aggregating the sum of $3,750, payable to E. J. Bent, as cashier, signed W. S. Home & Company. For answer, defendants aver that the notes in question are not the notes of defendants as copartners under the name and style of W. S. Home & Company, for the reason that said notes were given in renewal of notes theretofore executed by the firm of W. S. Home & Company,…
1Opinion of the CourtJustice Goddard
From the foregoing statement it appears that the notes sued on were renewal notes executed by W. S. Home, in the name of W. S. Home & Company, in satisfaction of prior notes executed by the old firm of W. S. Home & Company, composed of Home and Hartwell; and the liability of Nix thereon depends upon whether or not they were executed with his knowledge and consent. In other words, whether, in purchasing Hartwell’s interest in the partnership business of the old firm of W. S. Home & Company, he assumed and agreed to pay the debts of that firm. This constituted the only question of fact that the…
2Cases cited2 opinions
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