Dundass v. Gallagher
Supreme Court of Pennsylvania
In error from the Common Pleas of Erie county. Oct. 10. This was an action on a note, dated November 13,1841, at three months, for $700, drawn- by M. Kingman & Co., endorsed .by Brown, Durfee, and G. W. Gallagher & Co., of which last firm defendant, W. M. Gallagher, had been a member until the dissolution on the 1st of September, 1841, when he removed to Cincinnati.
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In error from the Common Pleas of Erie county. Oct. 10. This was an action on a note, dated November 13,1841, at three months, for $700, drawn- by M. Kingman & Co., endorsed .by Brown, Durfee, and G. W. Gallagher & Co., of which last firm defendant, W. M. Gallagher, had been a member until the dissolution on the 1st of September, 1841, when he removed to Cincinnati. No notice of the dissolution was shown to have been given to the holders, the branch of the Bank of the United States at Erie, with whom defendant had dealt in the firm’s name on the 8th of July, 1831, and previously by drawing…
1Opinion of the CourtRogers, J.
It is conceded, no notice was given of the dissolution of the partnership, and that no knowledge of that fact was brought home to the bank. The case, therefore, stands as an existing partnership at the time of the last renewal of the note, and the only question is, whether George H. Gallagher, who was the liquidating acting partner, had authority, either express or implied, to endorse the name of the firm, admitting it be a note for the accommodation of the drawer; and that he had, notwithstanding the name of a prior endorser was omitted, is to our minds very clear. The note, as conclusively…
2Cited by2 opinions
- Campbell v. FloydSupreme Court of Pennsylvania · 1893
- Heller's EstateSupreme Court of Pennsylvania · 1935