Legal Opinion

Russell v. Annable

Massachusetts Supreme Judicial Court

Decided November 15, 1871PublishedCited by 39 opinions

Contract, brought August 3, 1870, against one of the sureties in the following bond given under the Gen. Sts. o. 123, § 104, to dissolve an attachment: “ Know all men by these presents, that Erastus Dennett and ' Charles R. Pottle, of Boston in the county of Suffolk, as principal, and George M. Stevens, of Cambridge, and John F. Annable, of Somerville, in the county of Middlesex, as surety, are holden and stand firmly bound and obliged unto Arthur W. Russell, of Cambridge in…

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Contract, brought August 3, 1870, against one of the sureties in the following bond given under the Gen. Sts. o. 123, § 104, to dissolve an attachment: “ Know all men by these presents, that Erastus Dennett and ' Charles R. Pottle, of Boston in the county of Suffolk, as principal, and George M. Stevens, of Cambridge, and John F. Annable, of Somerville, in the county of Middlesex, as surety, are holden and stand firmly bound and obliged unto Arthur W. Russell, of Cambridge in said Middlesex, in the full and just sum of two hundred dollars, to be paid unto the said Russell, his executors,…

1Opinion of the CourtAmes, J.

It is well settled that one partner cannot bind his associates by affixing his signature, in the name and style of the *74firm, to an instrument under seal. To make such a transaction binding, it must appear that there was either a previous author* ity, or a subsequent ratification on the part of the other partners, adopting the signature as binding upon them. Cady v. Shepherd, 11 Pick. 400. Van Deusen v. Blum, 18 Pick. 229. Swan v. Stedman, 4 Met. 548. Dillon v. Brown, 11 Gray, 179. The report in this case presents no evidence of any previous authority or subsequent ratification, and it follows…

2Cases cited1 opinion

  1. Bean v. ParkerMassachusetts Supreme Judicial Court · 1822

3Cited by39 opinions

  1. Empire State Surety Co. v. Carroll CountyCourt of Appeals for the Eighth Circuit · 1912
  2. Peacock v. HorneSupreme Court of Georgia · 1925
  3. Fauci v. MulreadyMassachusetts Supreme Judicial Court · 1958
  4. State v. HillNebraska Supreme Court · 1896
  5. New England Dredging Co. v. Rockport Granite Co.Massachusetts Supreme Judicial Court · 1889

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