Lange v. Kennedy
Wisconsin Supreme Court
ERROR to the Circuit Court for Kenosha County. The action below was brought by Kennedy upon three notes executed to “Rathbone & Kennedy” in March, 1856, by one Kimball, in the firm name of 11 Lange & Kimball,” and alleged to have become the sole property of said Kennedy.
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ERROR to the Circuit Court for Kenosha County. The action below was brought by Kennedy upon three notes executed to “Rathbone & Kennedy” in March, 1856, by one Kimball, in the firm name of 11 Lange & Kimball,” and alleged to have become the sole property of said Kennedy. The answer of Lange denies that any partnership existed between him and Kimball at the time of the making of said note, and also denies that he and Kimball ever made said notes, or that he was a party thereto or liable thereon. Evidence was introduced on bebalf of tbe defendant, tending to show tbat the partnership between…
1Opinion of the CourtDowner, J.
The authorities cited by the plaintiff in error are clearly to the effect that the first instruction asked by the plaintiff in error (defendant below) was correct, and without addition or qualification should have been given. We also think that the second and third instructions asked by the defendant below should have been given, unless there was some evidence of authority from Lange to make the notes, other than what one partner after dissolution has by virtue of the partnership to bind the others ; or evidence of ratification after they were made.
By the Court. — The judgment of the circuit…
2Cited by5 opinions
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