Legal Opinion

Holmes v. Porter

Supreme Judicial Court of Maine

Decided July 1, 1855PublishedCited by 3 opinions

On Report from Nisi Prius, Howard, J., presiding. Assumpsit, on a promissory note, dated Dec. 30, 1851, signed by E. L. Porter & Co. The plea was the general issue. The promisors in the note were alleged to be E. L. Porter & William B. Benson, who were both made defendants.

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On Report from Nisi Prius, Howard, J., presiding. Assumpsit, on a promissory note, dated Dec. 30, 1851, signed by E. L. Porter & Co. The plea was the general issue. The promisors in the note were alleged to be E. L. Porter & William B. Benson, who were both made defendants. The defendants, in the name of E. L. Porter & Co., according to the testimony, contracted to finish certain sections of the Atlantic & St. Lawrence Railroad, in March, 1851, and several receipts executed in the name of said Company by each of the defendants, between that time and December following, were produced. Some…

1Opinion of the CourtTenney, J.

— This action is against the defendants as late co-partners in business, under the firm name of “ E. L. Porter & Co.,” upon a note of hand, dated Dec. 30, 1851, purporting to be signed by that firm. It is not admitted, that the defendants were at any time co-partners; but if the evidence should satisfy the Court, that they are to be treated as having been a co-partnership, they deny that the note given by one of them, was within the scope of the partnership business; and they further contend, that all connection between them of a partnership nature had ceased before the note was given. It is…

2Cases cited1 opinion

  1. Livingston v. RooseveltNew York Supreme Court · 1809

3Cited by3 opinions

  1. Cobb v. MartinSupreme Court of Oklahoma · 1912
  2. Randall Co. v. BriggsSupreme Court of Minnesota · 1933
  3. Boice v. ConoverNew Jersey Court of Chancery · 1896

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