Bristol v. Sprague
New York Supreme Court
This was an action of assumpsit, tried at the Herkimer circuit in March, 1830, before the Hon. Nathan Williams, one of the circuit judges. The defendants were sought to be charged af the makers of a promissory note for $350, bearing date 13th July, 1827, payable to L. Rogers or bearer, twelve months after date, to which the partnership name of “ Sprague, Dann & McKenster ” was subscribed. The action was by the plaintiff as the bearer of the note.
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This was an action of assumpsit, tried at the Herkimer circuit in March, 1830, before the Hon. Nathan Williams, one of the circuit judges. The defendants were sought to be charged af the makers of a promissory note for $350, bearing date 13th July, 1827, payable to L. Rogers or bearer, twelve months after date, to which the partnership name of “ Sprague, Dann & McKenster ” was subscribed. The action was by the plaintiff as the bearer of the note. The plaintiff proved that in the spring of 1827, and at a short period previous to the date of the note, the defendants were partners in trade,…
1Opinion of the Court
By the Court, Nelson, J.
It is well settled, that one part, ner may bind another after the dissolution of the firm, if the payee or holder of the paper is not chargeable with notice, express or constructive, after dissolution of the partnership, 6 Johns. R. 144, 6 Cowen, 701, and that such notice must be specially communicated to those who had been customers of the firm, and as to all others by publication in some newspaper in the county, or some other public and notorious manner. It was said on the argument that there was no time in this case, between the dissolution an the giving of the…
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