Palmer v. Elliot
U.S. Circuit Court for the District of New Hampshire
This was an action of assumpsit [by Julius A. Palmer and others against William H. Elliot and Stanford Hovey] and was submitted upon an agreed statement of facts.
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This was an action of assumpsit [by Julius A. Palmer and others against William H. Elliot and Stanford Hovey] and was submitted upon an agreed statement of facts. With the exception V>f one or two particulars the material circumstances were the same as in the case of Bigelow v. Elliot [Case No. 1,390]. The points of difference were these: the declaration in this case contained three counts, two of which were the same as those in the case above mentioned, namely, one being for goods sold and delivered, and the other upon an account annexed, which embraced six charges. Of these, the first and…
1Opinion of the Court
CLIFFORD, Circuit Justice.
On the present state of facts it is impossible to say that Hovey, in signing the note, used the name affixed to it as a partnership name. He professed to act for himself, and pledged his own credit; and it clearly appears, from all the circumstances disclosed in the agreed statement of facts, that he signed the note, using the name.affixed to it as his own personal designation, and it was so understood by the plaintiffs at the time the goods were-sold and the note given. Two or more persons carrying on a trade or business may adopt the name of one of their number as…
2Cases cited9 opinions
- Thacher v. DinsmoreMassachusetts Supreme Judicial Court · 1809
- Palmer v. StephensCourt for the Trial of Impeachments and Correction of Errors · 1845
- Bank of Rochester v. MonteathCourt for the Trial of Impeachments and Correction of Errors · 1845
- Fowler v. LudwigSupreme Judicial Court of Maine · 1852
- Comstock v. SmithSupreme Judicial Court of Maine · 1843
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Ex parte First National BankSupreme Judicial Court of Maine · 1880
- Bantz v. BasnettWest Virginia Supreme Court · 1877
- Saint Nicholas National Bank v. KingNew York Supreme Court · 1887