United States Bank v. Binney
U.S. Circuit Court for the District of Massachusetts
This was an action of assumpsit, brought by the United States Branch Bank, at Boston, against Amos Binney, John Binney, and John Winship, upon certain promissory notes, made by one Samuel Jaques, Jr., and indorsed by said Winship, which had been discounted at the bank, and protested for non-payment.
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This was an action of assumpsit, brought by the United States Branch Bank, at Boston, against Amos Binney, John Binney, and John Winship, upon certain promissory notes, made by one Samuel Jaques, Jr., and indorsed by said Winship, which had been discounted at the bank, and protested for non-payment. The plaintiffs claimed to recover the amount of these notes of the defendants, upon the ground, that they were in partnership together under the firm of John Winship; and these notes were indorsed by Winship on behalf of the firm, and the money applied to the use of the firm. Jaques, who was…
1Opinion of the Court
STORY, Circuit Justice.
The present suit is brought by the Bank of the United States, as holders of certain promissory notes, signed by Samuel Jaques, Jr., and indorsed by John Winship, wdiich have been discounted at that bank, and protested for non-payment.. The plaintiffs found their claim against the defendants upon the statement, that the defendants are partners in trade under the name and firm of •‘John Winship;” that the indorsement and discount were for the benefit of the firm, and that upon the dishonour of the notes, they are all jointly liable as partners. No question arises as to…
2Cases cited1 opinion
- Livingston v. RooseveltNew York Supreme Court · 1809
3Cited by24 opinions
- Bank of Rochester v. MonteathCourt for the Trial of Impeachments and Correction of Errors · 1845
- Buckner v. LeeSupreme Court of Georgia · 1850
- Cockburn v. Union BankSupreme Court of Louisiana · 1858
- Richardson v. FarmerSupreme Court of Missouri · 1865
- Chapline, Lewis & Co. v. Conant & WheatWest Virginia Supreme Court · 1869
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