Worster v. Forbush
Massachusetts Supreme Judicial Court
Contract, on a promissory note signed by the defendant, John W. Keith, dated December 13, 1895, for $116.33, payable one month after date to his own order, and indorsed by him in his own name and in the firm name of “ Forbush & Keith.”
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Contract, on a promissory note signed by the defendant, John W. Keith, dated December 13, 1895, for $116.33, payable one month after date to his own order, and indorsed by him in his own name and in the firm name of “ Forbush & Keith.” At the trial in the Superior Court, before Sheldon, J., it appeared that Forbush and Keith were practising lawyers in the city of Boston, under the firm name of “ Forbush & Keith,” and that Keith indorsed the firm name of “ Forbush & Keith ” on the back of the note, which was given in renewal of another note, this other note being in renewal of a previous note;…
1Opinion of the CourtField, C. J.
An attorney at law who is a member of a partnership of lawyers has no implied authority by reason of the partnership to borrow money on the credit of the partnership, or to sign or indorse a negotiable promissory note in the name of the partnership; and it is immaterial that the money borrowed is used to pay the regular and ordinary expenses of the partnership, or that the holder of the note is a bona fide purchaser of the note for value before its maturity. The partnership of Forbush and Keith was not engaged in any other business than the practice of law. Any person taking a promissory note…
2Cases cited5 opinions
- Deardorf's Administrator v. ThacherSupreme Court of Missouri · 1883
- Smith v. SloanWisconsin Supreme Court · 1875
- Pease v. ColeSupreme Court of Connecticut · 1885
- Bays v. ConnerIndiana Supreme Court · 1886
- Breckinridge v. ShrieveCourt of Appeals of Kentucky · 1836
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