Day v. Lafferty
Supreme Court of Arkansas
Circuit Court, in December, 1841, before the Hon. Thomas Johnson, one of the Circuit Judges. Laiferty was the plaintiff below.
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Circuit Court, in December, 1841, before the Hon. Thomas Johnson, one of the Circuit Judges. Laiferty was the plaintiff below. The declaration charged that the defendants below, merchants and ■partners in trade, doing business under the name, style, and firm of Day, Williams & Co., on the 25th day of December, 1840, executed their certain writing obligatory, sealed with their seals, by their partnership name of Day, Williams & Co., promised, by the first day of April then next, to pay said plaintiff $¡T29 50, for value received, payable in current Arkansas Bank notes. Upon oyer, the writing…
1Opinion of the Court
By the Court,
Dickinson, J.
Although any question which may have arisen upon the demurrer, is waived by the subsequent pleading to the merits, we think it proper to remark,'that, in our opinion, the obligation is properly described in the declaration. The plaintiffs in error are charged with having executed it under their joint seal, in the name of the firm, Day, Williams & Co.
It is, as a general rule, true, that one partner cannot bind another’ by deed, without his consent; but the authorities fully establish the principle, that a signature and sealing, in the name of the firm, with a single…
2Cases cited1 opinion
- United States v. CurtisU.S. Circuit Court for the District of Massachusetts · 1826
3Cited by8 opinions
- Johnson v. DooleySupreme Court of Arkansas · 1898
- Meech v. FowlerSupreme Court of Arkansas · 1853
- Mutual Benefit Life Insurance v. BrownNew Jersey Court of Chancery · 1878
- Cook v. TalbertSupreme Court of Arkansas · 1950
- Aycock Supply Co. v. WindleySupreme Court of North Carolina · 1918
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