Reubin v. Cohen
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The defendants were doing business as partners, under the firm name of Cohen & Sperling. On the 1st day of March, 1872, Cohen gave Reubin the note of the firm for the sum of one thousand dollars. Sperling defended under an allegation in his answer, that Cohen owed Ruebin the money before the partnership was formed, and gave the note for his individual debt.
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The defendants were doing business as partners, under the firm name of Cohen & Sperling. On the 1st day of March, 1872, Cohen gave Reubin the note of the firm for the sum of one thousand dollars. Sperling defended under an allegation in his answer, that Cohen owed Ruebin the money before the partnership was formed, and gave the note for his individual debt. The plaintiff recovered judgment, and the defendant Sperling appealed. The other facts are stated in the opinion.
1Opinion of the Court
By the Court:
At the instance of the plaintiff, the Court below instructed the jury “that if Sperling was informed of the fact of the giving of. these, notes by his copartner, Cohen, in the name of the firm, and omitted to repudiate or disaffirm, within a reasonable time, what had been done by Cohen, he will be held to have ratified and adopted what he, Cohen, had done in the firm name.”
The indebtedness for which the notes were given was the indebtedness of Cohen in the first instance, and not that of the copartnership firm of Cohen & Sperling. The instruction, assuming as it does that…
2Cited by6 opinions
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- First Nat. Bank v. State Nat. BankCourt of Appeals for the Ninth Circuit · 1904
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