Tilford v. Ramsey
Supreme Court of Missouri
Appeal from St. Louis Court of Common Pleas. ■ I. That the note first given was in every sense a partnership debt will not be disputed. It was not a joint debt of the two partners, but a debt of the firm as such. The holder of that note was entitled to all the rights of a creditor of the firm not only as against the two partners individually, but as against the partnership assets eo nomine.
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Appeal from St. Louis Court of Common Pleas. ■ I. That the note first given was in every sense a partnership debt will not be disputed. It was not a joint debt of the two partners, but a debt of the firm as such. The holder of that note was entitled to all the rights of a creditor of the firm not only as against the two partners individually, but as against the partnership assets eo nomine. The note being made in the name of the firm, by one partner, at the express request of the other, and with full consent to the proposed application of the proceeds, the lender also expressly requiring and…
1Opinion of the CourtHolmes, Judge
The note sued on was given by one partner, who signed the name of the firm thereto as makers. It was endorsed for accommodation to the plaintiff by the payee. It was drawn and given in renewal of another like note, which had been executed to the plaintiff, and signed by the name of the firm by the other partner, for a loan of money which was received by the first partner for his own individual use, unconnected with the partnership business. It appears that the *565plaintiff’s agent was unwilling to make the loan directly to the individual partner, and to receive the signature of the firm merely…
2Cases cited2 opinions
- Winship v. the Bank of the United StatesSupreme Court of the United States · 1831
- Hickman v. KunkleSupreme Court of Missouri · 1858
3Cited by6 opinions
- Roberson v. McIlhenny, Hutchins & Co.Texas Supreme Court · 1883
- Phipps v. LittleMassachusetts Supreme Judicial Court · 1913
- Stevens v. McLachlanMichigan Supreme Court · 1899
- Tilford v. RamseySupreme Court of Missouri · 1869
- Bassett v. GloverMissouri Court of Appeals · 1888
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