Legal Opinion

First National Bank v. Grignon

Idaho Supreme Court

Decided May 24, 1901Published

APPEAL from District Court, Canyon County. Either partner is a general agent of the firm to carry out and transact its business. (Barber v. Van Horn, 54 Kan. 33, 36 Pac. 1070; Rich v. Davis, 4 Cal. 23; Pierce v. Jachson, 21 Cal. 636.) Every member of an ordinary trading partnership has implied power to bind the firm by trading, accepting or indorsing bills of exchange, or by making and indorsing promissory notes in its name and for the purpose of the firm.

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APPEAL from District Court, Canyon County. Either partner is a general agent of the firm to carry out and transact its business. (Barber v. Van Horn, 54 Kan. 33, 36 Pac. 1070; Rich v. Davis, 4 Cal. 23; Pierce v. Jachson, 21 Cal. 636.) Every member of an ordinary trading partnership has implied power to bind the firm by trading, accepting or indorsing bills of exchange, or by making and indorsing promissory notes in its name and for the purpose of the firm. (Lindley on Partnership, 287; Gray v. TYard, 18 Ill. 32; Morse v. Hage-nah, 68 Wis. 603, 32 N. W. 634; Stimson v. Whitney, 130 Mass. 541.)…

1Opinion of the CourtStockslager, J.

The appellant alleges that it is a corporation doing business at Mankato, Minnesota, and that Henry R. Grignon and W. A. Coughanonr are copartners under the firm name and style of Grignon & Coughanonr; that on the seventeenth day of August, 1896, at Mankato, Minnesota, the said defendants made, executed, and delivered to plaintiff their certain promissory note, to wit: “Sixty days, without grace, after date, I promise to pay to the order of the First National Bank of Manicato $1000, with interest at the rate of eight per cent per annum until paid. Payable at the First National Bank of…

2Cases cited17 opinions

  1. Atlantic & Pacific Railroad v. LairdSupreme Court of the United States · 1896
  2. Shields v. . WhitakerSupreme Court of North Carolina · 1880
  3. Lewis v. ClarkinCalifornia Supreme Court · 1861
  4. Bonesteel v. ToddMichigan Supreme Court · 1861
  5. Gray v. WardIllinois Supreme Court · 1856

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