Mitchum v. Bank of Kentucky

Judge Marshall

delivered the Opinion of the Court.

John Oldham and John Mitchum having been partners in a mill and cotton factory, in the town of Versailes, dissolved their partnership on the second of November, 1836; and on the twelfth day of the same month, a writing purporting to be the note of Oldham and Mitchum, as principals, with others as their securities, for eight hundred dollars, payable to the President, Directors and Company of the Bank of Kentucky, at their Branch Bank in Lexington, was executed, in the firm name of Oldham and Mitchum, by Oldham.

To a suit brought upon this note,…