City Bank of Brooklyn v. . Dearborn
New York Court of Appeals
Appeal from the Supreme Court; Action upon a promissory note purporting to have been executed by the firm of X & A. Dearborn, representing John and Alexander Dearborn: thé same parties who were defendants in the last preceding case. John alone appeared and defended. Upon the trial before Mr.Justice' Rockwell, at the Kings Circuit, it appeared that the signature was in the handwriting of Alexander Dearborn.
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Appeal from the Supreme Court; Action upon a promissory note purporting to have been executed by the firm of X & A. Dearborn, representing John and Alexander Dearborn: thé same parties who were defendants in the last preceding case. John alone appeared and defended. Upon the trial before Mr.Justice' Rockwell, at the Kings Circuit, it appeared that the signature was in the handwriting of Alexander Dearborn. John and Alexander Dearborn were' partners in the city of Brooklyn, under the firm of X & A, Dearborn, carrying on the same' description of business as that which they pur-* sued in…
1Opinion of the CourtComstock, J.
The firm of J. & A. Dearborn commenced m 1848, and was in fact dissolved February 1, 1858. The note in question is dated February 8, 1854, and was signed by A. Dearborn in the name of the firm. This was after the dissolution. But the evidence on the part of the plaintiffs, delivered by their cashier, showed that the bank discounted the note in the ordinary course of business, having a knowledge of the previous existence of the firm and of the persons who composed it, and having no notice of such dissolution. These facts entitled the plaintiffs to recover against both the partners; and the…
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