Douglass v. Hall & Palmer
Supreme Court of Vermont
Assumpsit upon a promissory note for §650,11, executed by the defendants, dated January 18, 1843, and made payable “ to the late firm of Carter, Coolidge & Co., or order.” At the date of this note there was no such firm in existence as Carter, Coolidge & Co. There had been such a firm, in Boston, consisting of Carter, Coolidge and one Childs, but it had been dissolved by the death of Coolidge.
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Assumpsit upon a promissory note for §650,11, executed by the defendants, dated January 18, 1843, and made payable “ to the late firm of Carter, Coolidge & Co., or order.” At the date of this note there was no such firm in existence as Carter, Coolidge & Co. There had been such a firm, in Boston, consisting of Carter, Coolidge and one Childs, but it had been dissolved by the death of Coolidge. Immediately after the execution of the note Childs sold his interest in the note to Carter, and Carter afterwards transferred the note to the plaintiff, by indorsement, without recourse, in the name of…
1Opinion of the Court
*453The opinion of the court was delivered by
Poland, J.
1. The note upon which the suit is founded, being made payable to the late firm of Carter, Coolidge & Co., after the death of Coolidge, is to be considered as legally payable to the surviving partners of the firm, Carter and Childs, by the name of Carter, Coolidge & Co.
2. The note, being made payable in terms to Carter, Coolidge & Co., or order, might be legally indorsed, by the same name, by any person who had the legal right and authority to make a transfer of the note.
3. Had Carter authority to make the indorsement 1 The firm of Carter,…
2Cases cited1 opinion
- Smith v. LongCourt of Appeals of Kentucky · 1859
3Cited by1 opinion
- In re the Estate of SauerNew York Surrogate's Court · 1915