Potts v. Taylor
Supreme Court of Pennsylvania
APPEAL BY DEFENDANTS FROM THE COURT OF COMMON PLEAS OF SCHUYLKILL COUNTY. No. 61 January Term 1891, Sup. Ct.; court below, No. 117 July Term 1885, C. P. On May 19, 1885, William R. Potts and others, surviving partners of Frederick A. Potts, deceased, lately trading as Frederick A. Potts & Co., brought assumpsit against Amanda Taylor and others, executors of Jeremiah Taylor, deceased, and Emanuel Bast. The defendants pleaded non-assumpsit, payment, payment with leave, etc.
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APPEAL BY DEFENDANTS FROM THE COURT OF COMMON PLEAS OF SCHUYLKILL COUNTY. No. 61 January Term 1891, Sup. Ct.; court below, No. 117 July Term 1885, C. P. On May 19, 1885, William R. Potts and others, surviving partners of Frederick A. Potts, deceased, lately trading as Frederick A. Potts & Co., brought assumpsit against Amanda Taylor and others, executors of Jeremiah Taylor, deceased, and Emanuel Bast. The defendants pleaded non-assumpsit, payment, payment with leave, etc. At the trial on November 25, 1889, the plaintiffs proved and put in evidence a note for §2,500, dated February 2, 1885,…
1Per curiam
We think judgment was properly entered upon the verdict. It was not seriously denied that Bast was a member of the firm *604of Jeremiah Taylor & Co. up to October 4, 1884; that no notice of the dissolution of the firm had been given; and that the plaintiffs were holders for value of the note in controversy, before maturity. This would entitle the plaintiffs to recover, unless notice in some way had been brought home to them that Bast was making an improper use of the firm name. No such notice in fact was alleged, but it was contended there was enough on the face of the note, with other…
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