Lewis v. Sawyer
Supreme Judicial Court of Maine
Exceptions- at Nisi Prius, G-oodenow, J., presiding. This was an Action of Assumpsit upon a promissory note, payable to Levi Sawyer & Son, and by them indorsed. Levi Sawyer, one of the defendants, deceased after the action was brought, which was thenceforward prosecuted against the other defendant, as surviving partner. The general issue was pleaded. The plaintiff offered the note described in the writ.
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Exceptions- at Nisi Prius, G-oodenow, J., presiding. This was an Action of Assumpsit upon a promissory note, payable to Levi Sawyer & Son, and by them indorsed. Levi Sawyer, one of the defendants, deceased after the action was brought, which was thenceforward prosecuted against the other defendant, as surviving partner. The general issue was pleaded. The plaintiff offered the note described in the writ. The defendant objected to the reading, on the ground, that though he put the name of L. Sawyer & Son on the baclc of the note, the act was not within the scope of the partnership business, and…
1Opinion of the CourtTenney, C. J.
The writ was originally against the defendant and Levi Sawyer, as copartners, under the firm name of Levi Sawyer & Son. Levi Sawyer died, and the writ was amended, and the action prosecuted against Charles E. Sawyer, as surviving partner of the firm aforesaid. One count is upon a promissory note, dated December 6, 1854, payable in ninety days, to the order of Levi Sawyer & Son, for the sum of $2100, signed by S. W. Porter, and indorsed by Levi Sawyer & Son. Another count is for money had and received ; and the third is a general money count, and under the last, it is stated, that the…
2Cases cited1 opinion
- Denny v. LincolnMassachusetts Supreme Judicial Court · 1809
3Cited by4 opinions
- Chung Kee v. DavidsonCalifornia Supreme Court · 1894
- Sterling v. RyanWisconsin Supreme Court · 1888
- Fowler v. McPheeColorado Court of Appeals · 1899
- Fowler v. McPheeColorado Court of Appeals · 1899