Whitaker v. Brown
Court for the Trial of Impeachments and Correction of Errors
Error from the supreme court. Brown, as the holder of ,,a note given by the firm of John Norcott <£■ Co. for $26,25, payable to William Roy or bearer, sued Isaac Whitaker and John Norcott in a justices’ court. The justice gave judgment for the plaintiff! The defendant appealed, and the cause was subsequently tried in the Yates common pleas.
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Error from the supreme court. Brown, as the holder of ,,a note given by the firm of John Norcott <£■ Co. for $26,25, payable to William Roy or bearer, sued Isaac Whitaker and John Norcott in a justices’ court. The justice gave judgment for the plaintiff! The defendant appealed, and the cause was subsequently tried in the Yates common pleas. The note was dated 23d August, 1828; no time of payment was specified, and it was transferred to Brown by the payee in the autumn of 1829. At the date of the note and for some time previous, Whitaker and Norcott were partners as grocers. The signature of…
1Opinion of the Court
The following opinions were delivered :
By the Chancellor.
The note in controversy in this suit, upon which the defendant in error has been permitted to recover in the court below, was given in the name of the firm of John Norcott & Co. by one of the copartners, during the existence of the partnership, and for a debt which, at the time of giving the note, he admitted to be a debt due from the firm to the payee. A note given by one partner in the name of the firm, is of itself presumptive evidence of the existence of a partnership debt, as each partner has a general authority to contract debts…
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