Wenzel v. Murphy

The defendants were managing and running a business at Nos. 2, 4 and 6 Tompkins street, under the firm name of Murphy & Carpenter. Murphy signed the firm name to the note in suit, without disclosing the names of the members of the firm, and excuses such omission by saying that he was not specially called upon by the plaintiff to make such discovery. The plaintiff sued the defendants upon the note, and thereupon ascertained for the first time that the defendants were the mere superintendents of the business, while their respective wives were the actual owners of and business partners in the…