Clement National Bank v. Connolly
Supreme Court of Vermont
Assumpsit on promissory notes. Trial by court, on an agreed statement of facts,. at the September Term, 1914, Rut-land County, Fish, Jl, presiding. Judgment for defendant Connolly to recover his costs. The plaintiff excepted. - The opinion states the cáse. The form of the note was notice to the bank that the borrowing was for Loveland individually, and put the bank on inquiry as to his authority to sign the firm name. Brown v. Peltil, 178 Pa. St. 17,' 56 Am.
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Assumpsit on promissory notes. Trial by court, on an agreed statement of facts,. at the September Term, 1914, Rut-land County, Fish, Jl, presiding. Judgment for defendant Connolly to recover his costs. The plaintiff excepted. - The opinion states the cáse. The form of the note was notice to the bank that the borrowing was for Loveland individually, and put the bank on inquiry as to his authority to sign the firm name. Brown v. Peltil, 178 Pa. St. 17,' 56 Am. St. Rep. 742; Cooper v. McGlurhan et al., 22 Pa. St. 80; Tannar v. Hall, 1 Pa. St. 417; N. Y. Fireman’s Ins. Co. v. Bemett, 5 Conn. 574,…
1Opinion of the CourtMunson, J.
The notes sued upon are signed by S. W. Loveland alone, are payable to his order, and bear the indorsements of S. W. Loveland and Connolly & Loveland. This use *57“of the firm name was not known to Connolly, and was without authority, other than such as may arise from the partnership relation. The avails of the notes were taken by Loveland in cash, and were applied to his personal use. The transaction does not appear upon the books of the firm, and neither the firm nor Connolly received any benefit from it. The firm was engaged in the business of selling and installing plumbing, heating and…
2Cases cited6 opinions
- National Bank of Commonwealth v. LawMassachusetts Supreme Judicial Court · 1879
- Sherwood v. Snow, Foote & Co.Supreme Court of Iowa · 1877
- Arbuckle v. TempletonSupreme Court of Vermont · 1892
- National Bank v. Dorset Marble Co.Supreme Court of Vermont · 1888
- Bank of Commerce v. Selden, Withers & Co.Supreme Court of Minnesota · 1859
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3Cited by2 opinions
- Duchaine v. PhoenixSupreme Court of Vermont · 1927
- Waggoner v. Herring-Showers Lumber Co.Court of Appeals of Texas · 1926