Onondaga County Bank v. De Puy
New York Supreme Court
This was an action of aisumpsit, tried at the Onondaga circuit in October, 1834, before the Hon. Daniel Moseley, one of the circuit judges. The suit was brought on a bank check in these words: “ Syracuse, January 31, 1831. Cashier of the Onondaga County Bank, pay to exchange or bearer, five hundred dollars.”
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This was an action of aisumpsit, tried at the Onondaga circuit in October, 1834, before the Hon. Daniel Moseley, one of the circuit judges. The suit was brought on a bank check in these words: “ Syracuse, January 31, 1831. Cashier of the Onondaga County Bank, pay to exchange or bearer, five hundred dollars.” Signed “Edwards, De Puy & Co.” The defendants were Henry Edwards, Fiederick Pratt and Jacob B. De Puy, who constituted a firm and transacted the business of purchasers of grain in the county of Onondaga, under the name of “ Edwards, De Puy & Co.” De Puy was the active member, and…
1Opinion of the Court
By the Court,
Bronson, J.
If this had been the individual debt or transaction of Be Buy, the judge would have been right in saying that the plaintiffs could not recover without proving the money went into the business of the firm, with the knowledge and assent of his co-partners (Jaques v. Marquand, 6 Cowen, 497; Whitaker v. Brown, 11 Wendell, 75); but there was a general partnership and the money was borrowed on the credit [49] of the firm. Whether the money actually went into the partnership business (of which fact there can be little doubt upon the evidence in the case), or whether it was…
2Cases cited2 opinions
- Manufacturers' & Mechanics' Bank v. GoreMassachusetts Supreme Judicial Court · 1818
- Church v. SparrowNew York Supreme Court · 1830
3Cited by11 opinions
- Faler v. JordanMississippi Supreme Court · 1870
- Bank of Monongahela Valley v. . WestonNew York Court of Appeals · 1902
- Sylverstein v. AtkinsonMississippi Supreme Court · 1871
- Schwanck v. DavisNebraska Supreme Court · 1888
- Best v. StarksNew York Supreme Court · 1859
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