Bank of New York v. Vanderhorst

The plaintiff in this action claims to recover against the defendant as maker of a promissory note, dated November 24th, 1859, for $4,400.80, payable, six months after date, to the order of Kolff & Persuhn. No question was made upon the pleadings. The action was tried before Samuel E. Lyon, Esq., referee, who, in his report, finds the following facts amongst others:

That the firm of Kolff & Persuhn was a limited partnership, doing business in the city of New York, Kolff & Persuhn being the general partners, and one Ernest Fiedler being the "special partner. That at the time the note bears…