Tillier v. Whitehead
Supreme Court of the United States
This was a feigned issue, to try whether the defendant had a legal authority to use the plaintiff’s name, in the acceptance, drawing and indorsement of bills of exchange, and promissory notes. The case was this : Rudolph Tillier and Clement Biddle entered into articles of agreement, on the 30th of January 1783, by which a special partnership was established between them.
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This was a feigned issue, to try whether the defendant had a legal authority to use the plaintiff’s name, in the acceptance, drawing and indorsement of bills of exchange, and promissory notes. The case was this : Rudolph Tillier and Clement Biddle entered into articles of agreement, on the 30th of January 1783, by which a special partnership was established between them. The defendant Whitehead was employed as a clerk by Biddle, in his general transactions ; and a memorandum, written and subscribed by Biddle alone, under two firms, that is “ Clement Biddle & Co.,” and also “ Clement Biddle &…
1Opinion of the Court
To the first question it was answered by the defendant’s counsel, and allowed by-the Court, that the articles of copartnership, being res inter alios acta, the limitations could not be known, and therefore, ought not to affect the defendant, if he acted under a legal authority. (a)
With respect to the second question, it was unanimously resolved by the Court, that one of two partners may give an authority to a clerk, under the firm name of the house; and that the clerk may, in consequence thereof, accept bills, and sign or indorse notes, in the name of the company. And it was said by McKean,…
2Cases cited2 opinions
- Salmon v. DavisSupreme Court of Pennsylvania · 1812
- Moddewell v. KeeverSupreme Court of Pennsylvania · 1844
3Cited by5 opinions
- Buckner v. Real Estate BankSupreme Court of Arkansas · 1844
- Abbott v. Mackinley, Pennsylvania Court of Common Pleas, Philadelphia County1838
- Moddewell v. KeeverSupreme Court of Pennsylvania · 1844
- Biscoe v. SneedSupreme Court of Arkansas · 1850
- Inman v. BrookmanSouth Dakota Supreme Court · 1911