Doniphan v. Gill

Chief Justice

Robertson delivered the Opinion of the Court.

George Doniphan and Josiah G. Smoot, merchants, trading in the style of 11 Doniphan ty Smoot,” having, through the partner Smoot, .borrowed from Ann Gill §700, the said Smoot thereupon delivered to her a sealed obligation for payment, signed “Doniphan fy Smoot.”

There being no proof of authority to bind Doniphan by a seal, he denying any such authority, pleaded non est factum, to an action afterwards brought against himself and Smoot, on the said obligation; and thereupon that suit was discontinued, and this action of assumpsit brought…