Toland v. Lutz
Ohio Circuit Courts
Error to the Court of Common Pleas of Franklin County. Suit was brought in the court below by Adam Lutz and Wm. McCarty, partners doing business under the firm-name Lutz & McCarty, against John G. Mitchell, Harford Toland and George D. Chapman, partners, etc., as Mitchell, Toland & Co., to recover the sum of §162.71, and interest, alleged in the amended petition to be due them upon a promissory note executed by said firm of Mitchell, Toland & Co. Said Mitchell and Toland…
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Error to the Court of Common Pleas of Franklin County. Suit was brought in the court below by Adam Lutz and Wm. McCarty, partners doing business under the firm-name Lutz & McCarty, against John G. Mitchell, Harford Toland and George D. Chapman, partners, etc., as Mitchell, Toland & Co., to recover the sum of §162.71, and interest, alleged in the amended petition to be due them upon a promissory note executed by said firm of Mitchell, Toland & Co. Said Mitchell and Toland filed an answer denying that “they, with their co-partner, Geo. D. Chapman, executed in their partnership name and…
1Opinion of the CourtShearer, J.
The question presented in the record is whether, under the facts set forth in the agreed statement, the defendants in error have a legal right to recover upon the promissory note sued on. '
If the partnership existing between Mitchell, Toland and Chapman was general, and the transaction out of which the note arose was within the scope of the partnership business, and the payees had no notice, express or implied, that the paper was not given for a partnership liability, they are entitled to recover.
If, on the other hand, the partnership was not such as is ordinarily denominated a commercial…
2Cases cited6 opinions
- Walden v. SherburneNew York Supreme Court · 1818
- Gray v. WardIllinois Supreme Court · 1856
- Church v. SparrowNew York Supreme Court · 1830
- Onondaga County Bank v. De PuyNew York Supreme Court · 1837
- Blodgett v. WeedMassachusetts Supreme Judicial Court · 1875
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